RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01875
            INDEX CODE:  107.00
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  14 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect award of the Vietnam Service Medal (VSM),  the
Republic of Vietnam Campaign Medal (RVNCM), and the Air Force Overseas
Ribbon (AFOSR), and his service in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 does not show his VSM and RVNCM, or his overseas tour.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.
_________________________________________________________________

STATEMENT OF FACTS:

Awards Criteria:

      --The VSM, created on  8 Jul  65,  is  awarded  to  all  service
members of the Armed Forces who,  between  4 Jul  65  and  28 Mar  73,
served in the following areas of Southeast Asia: in  Vietnam  and  the
contiguous waters and airspace; in Thailand, Laos or Cambodia  or  the
airspace thereover and [emphasis added--DOD  Manual  and  AFI  36-2803
indicate “and” while the AFPC website incorrectly indicates  “or”]  in
the direct support of military operations in  Vietnam.   The  specific
eligibility criteria requires a member to be attached to  or  directly
serving for one or more days with an organization, or aboard  a  naval
vessel, directly supporting military operations; actually  participate
as a crew member on one or more  aerial  flights  directly  supporting
military  operations;  or  serve  on  temporary  duty  (TDY)  for   30
consecutive or 60 nonconsecutive days, although these time limitations
may be
waived  for  personnel  participating  in  actual  combat  operations.
However, no member may be issued both the Armed  Forces  Expeditionary
Medal (AFEM) and the VSM for service in Vietnam.

      --The RVNCM is awarded to members who served for six  months  in
South Vietnam during the period 1 Mar 61 and 28 Mar 73, served outside
the geographical limits  of  South  Vietnam,  and  contributed  direct
combat support to the RVN Armed Forces for an aggregate of six months.
 Only members who meet the criteria established for the AFEM (Vietnam)
or  the  VSM  during  the  period  required  are  considered  to  have
contributed direct combat support to the RVN  Armed  Forces;  did  not
complete the six-month length of  service  required  but  who,  during
wartime, were wounded by the enemy (in a military action), captured by
the enemy during action or in the line of duty but later were  rescued
or released, killed in action or in the line of duty, were assigned in
Vietnam on 28 Jan 73, and who served a minimum of 60 calendar days  in
Vietnam during the period 29 Jan 73 to 28 Mar 73.

      -- The AFOSR-S (Short) and the AFOSR-L (Long) were authorized on
12 Oct 80, and awarded to Air Force active duty, Reserve, and National
Guard personnel who have been awarded credit  for  an  OS  tour  after
1 Sep 80.  Active duty and Reserve members serving after 6 Jan 86  are
entitled to reflect all Air  Force  OS  tours  credited  during  their
career.  Short-tour credit is determined by the OS area and assignment
codes distributed and controlled by Assignments Procedures and  Policy
Division.  Short tours are normally  12  to  15  months  in  duration.
Temporary duty (TDY) assignments are considered for short-tour  credit
if the TDY is more than 180 days in duration.

The applicant enlisted in the Regular  Air  Force  on  2 May  72.   He
served as an aircraft mechanic at Pease  AFB,  NH,  according  to  his
Airman Performance Report (APR) for the period 2 May 72 through  5 Sep
73 (overall rating of 7).  He was next assigned to Castle AFB, CA,  as
an assistant crew chief, according to his Enlisted Performance  Report
(EPR) for the period 6 Sep 73 through 5 Sep 74 (overall rating of  5).
The applicant reenlisted in the grade  of  sergeant  on  30 May  1975,
after having completed 3 years and 28 days of active service.  His EPR
for the period 6 Sep 74  through  28 Aug  75  (overall  rating  of  8)
reflects he was subsequently assigned to Grand  Forks  AFB,  ND.   The
applicant’s referral EPR for the period 29 Aug 75  through  15 Apr  76
(overall rating of 6), indicates he was assigned to Dyess AFB, TX,  as
a  squadron  aircraft  mechanic.   None  of  his  performance  reports
mentioned that he performed overseas duty.

On 3 May 76, the commander recommended the applicant for discharge due
to  apathy,  defective  attitude,  and  inability  to  expend   effort
constructively.  The commander cited a 28 Nov 75 Letter  of  Reprimand
(LOR) for conduct unbecoming a noncommissioned officer (NCO) (drinking
five hours prior to his flight and allowing his  assistants  to  start
preflight on his aircraft without him); a 25 Feb 76 “Oral Article  15”
for failure to go, with seven days of extra duty; a 29 Apr 76  Article
15 for failure to go, with  reduction  to  airman  first  class  (A1C)
suspended until 1 Oct 76; and numerous instances of  counseling.   The
applicant exercised his right to  an  administrative  discharge  board
(ADB).

An ADB convened at Dyess AFB on 16 Jun 76.  The applicant indicated in
his testimony [pages 14-23] that he worked for the Office  of  Special
Investigations (OSI) at Pease AFB, Robins AFB,  and  Castle  AFB.   He
indicated he spent of most of his time  on  temporary  duty  (TDY)  in
Thailand and Vietnam, and that his time at  Robins  AFB  from  Sep  73
until Feb 74 was  not  documented  on  his  performance  reports.   He
claimed he started working with the OSI in 1972 and  they  were  using
him “because they were bringing  back  heroin  from  Thailand  on  the
tankers” and he “was tracing where it was coming from and how  it  was
being brought on the tankers so that they could use this on the  other
bases and find exactly where it was being hidden.”   He  indicated  he
“traveled from Thailand back to Pease regularly.”  He  also  testified
that he “had always kept it quiet” that he had worked for the OSI.  In
an agreed upon “Stipulation of Expected Testimony,”  a  Special  Agent
with the OSI at Sheppard AFB, TX, stipulated he had confirmed with the
applicant’s former handling agent that the applicant had made  several
permanent change of station (PCS) moves in order to protect him due to
his work with the OSI.  The  handling  agent  also  advised  that  the
applicant had a close association with him and  the  OSI  for  several
years as an informant.

The  ADB  recommended  the  applicant  be  honorably  discharged   for
unsuitability without probation and rehabilitation  (P&R),  concluding
that a more than adequate attempt had been made  to  rehabilitate  him
over a five month period, beginning on 22 Oct 75.

A Report of Individual Personnel (RIP), dated 3 Jun 76, indicates  the
applicant was awarded the RVNCM and the VSM with 3 Oak  Leaf  Clusters
(3OLC).

A  legal  review,  dated  1 Jul  76,  indicated  that,   among   other
decorations,  the  applicant  had  been  awarded  the  RVNCM  and  the
VSM 3OLC.  The Staff Judge Advocate  recommended  that  the  discharge
authority honorably separate the applicant without P&R.  The discharge
authority concurred on 9 Jul 76.

On 12 Jul 76, the applicant was honorably discharged in the  grade  of
sergeant after a total of 4 years, 2 months, and  11  days  of  active
service.

On 8 and 31 Oct 88,  the  National  Personnel  Records  Center  (NPRC)
advised  the  applicant  that  he  was  entitled  to  the  Air   Force
Commendation Medal (AFCM),  the  AF  Longevity  Service  Award  Ribbon
(AFLSAR), the National Defense Service Medal (NDSM),  the  Small  Arms
Expert Marksmanship Ribbon (SAEMR), the VSM 3OLC, and the RVNCM.

On 20 Jul 05, HQ AFPC/DPAPP advised the  applicant  that  his  records
contained a source document showing credit for the VSM and the  RVNCM;
however, there were no documents  showing  he  was  in  Vietnam.   His
performance reports  also  did  not  comment  on  any  TDYs.   He  was
requested to provide TDY orders, travel vouchers,  or  flight  records
that show the specific time  and  location  of  the  TDY  to  Vietnam.
However, the applicant did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR agrees with the NPRC that the applicant is  entitled  to
the AFCM, the NDSM, the AFLSA, and the SAEMR.  However,  their  review
of his military records could not confirm the applicant served  in  or
was assigned to the areas of Vietnam, Thailand, Laos, or Cambodia  for
award of the VSM from 4 Jul 65 to 28 Mar 73, or the RVNCM  from  1 Mar
61 to 28 Mar  73  during  his  enlistment  periods.   Therefore,  they
recommend denial of these two awards.

[Note:  The advisory did not address the applicant’s request  for  the
AFOSR.  However, based on the criteria for that award  (see  Statement
of Facts above), the applicant did not complete an overseas tour on or
after 1 Sep 80 as he was discharged in 1976.  Further,  since  he  was
not serving as of 6 Jan 86, he could not be credited with any overseas
tours during his career prior to 1 Sep 80.]

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 21 Oct 05 for review and comment within 30 days.   As  of
this date, this office has received no response.

_____________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded the applicant is entitled to the AFOSR, and  a  majority  of
the Board is not persuaded his DD Form 214 should reflect  service  in
Vietnam and  receipt  of  the  VSM  and  the  RVNCM.   The  AFOSR  was
authorized on 12 Oct 80, but the applicant is not  eligible  for  this
award as he was discharged on 12 Jul 76.  HQ  AFPC/DPPPR  agrees  with
the NPRC that the applicant is entitled to the  AFCM,  the  NDSM,  the
AFLSA, and the SAEMR, and his DD Form  214  will  be  administratively
corrected to reflect receipt of these decorations.  As for the VSM and
the RVNCM, we considered the 3 Jun 76 RIP, the 1 Jul 76  legal  review
of his administrative discharge, and the NPRC Oct 88 notifications  to
the applicant that he was entitled to the VSM and the RVNCM.  We  also
noted the Stipulation by an OSI  Special  Agent  and  the  applicant’s
testimony before the ADB, which indicate he may have performed  covert
assignments for the OSI.  However, as pointed  out  by  HQ AFPC/DPPPR,
there is nothing in his records to confirm  he  was  assigned  to  the
areas of Vietnam, Thailand, Laos, or Cambodia for  award  of  the  VSM
from 4 Jul 65 to 28 Mar 73, or the RVNCM from 1 Mar 61 to  28 Mar  73.
As a result, the majority of the Board is reluctant to award  the  VSM
and the RVNCM.  The majority of the Board is  concerned  the  VSM  and
RVNCM annotations may  have  been  made  in  error  as  they  are  not
supported by any official source documents  such  as  TDY/PCS  orders,
award orders/citations, travel documents, etc.  Even if the  applicant
participated in OSI  activities,  the  agent’s  Stipulation  does  not
confirm the applicant’s assignments included service  in  any  of  the
countries  in  the  area  of  eligibility  or  during  the  period  of
eligibility.   The  Board  majority  therefore  adopts  the  rationale
expressed by the Air Force as the basis  for  our  decision  that  the
applicant has not sustained his burden of having  suffered  either  an
error or an injustice.  In view of the above,  and  absent  persuasive
evidence to the contrary, we conclude this appeal should be denied.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 December 2005 and  7  January  2006  under  the
provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Cheryl V. Jacobson, Member
                 Mr. Garry G. Sauner, Member

By a majority vote, the Board recommended denial of  the  application.
Ms. Jacobson agreed with the majority to deny the AFOSR, but voted  to
grant amending the applicant’s DD Form 214 to
reflect three months of foreign service and receipt of  the  VSM  3OLC
and the RVNCM.  She has submitted a Minority Report at Exhibit E.  The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2005-01875 was considered:

   Exhibit A.  DD Form 149, dated 16 May 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 12 Oct 05.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Oct 05.
   Exhibit E.  Minority Report.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



AFBCMR BC-2005-01875





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency
AFBCMR BC-2005-01875

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  Minority Report on AFBCMR Application of

      In Executive Session on February 7, 2006, a majority of the
Board voted to deny the applicant’s request to have his DD Form 214
reflect service in Vietnam and award of the Vietnam Service Medal
(VSM) and the Republic of Vietnam Campaign Medal (RVNCM).

      Examination of the applicant’s records reveals a Report of
Individual Personnel (RIP), dated June 3, 1976, indicating he was
awarded the RVNCM and the VSM with 3 Oak Leaf Clusters (3OLCs).  On
June 16, 1976, the applicant appeared before an administrative
discharge board (ADB).  He testified he began working for the Office
of Special Investigations (OSI) in 1972, performed temporary duty
(TDY) in Thailand and Vietnam, and his time at Robins AFB was not
documented on his performance reports because of his work with the
OSI.  Included as evidence during the ADB was an agreed upon
“Stipulation of Expected Testimony” from a Special Agent with the OSI
at Sheppard AFB, TX.  The agent stipulated he had confirmed with the
applicant’s former handling agent that the applicant made several
permanent change of station (PCS) moves in order to protect him due to
his work with the OSI and that the applicant had a close association
with him and the OSI for several years as an informant.  A July 1,
1976, legal review of the discharge proceedings indicated that, among
other decorations, the applicant had been awarded the RVNCM and the
VSM 3OLC.  Further, on October 8 and 31, 1988, the National Personnel
Records Center (NPRC) advised the applicant he was entitled to the Air
Force Commendation Medal (AFCM), the AF Longevity Service Award Ribbon
(AFLSAR), the National Defense Service Medal (NDSM), the Small Arms
Expert Marksmanship Ribbon (SAEMR), the VSM 3OLC, and the RVNCM.

      Although HQ AFPC/DPPPR agreed with the NPRC that the applicant
was eligible for the AFCM, the AFLSAR, the NDSM, and the SAEMR, they
did not believe he was entitled to the VSM or the RVNCM because, in
their view, his records did not confirm he served or was assigned to
the areas of Vietnam, Thailand, Laos, or Cambodia.  My colleagues
essentially agreed.  However, I believe the available evidence more
proves than disproves the applicant was awarded the VSM and the RVNCM.
 If, in fact, he participated in covert activities for the OSI, and
his time at Robins AFB may not have been documented, it is not
inconceivable that the “usual” evidence regarding these awards might
not be in his records.  I am very concerned about depriving the
applicant of decorations he may have earned because we disregarded the-
-albeit atypical--evidence we do have.

      Therefore, I believe the applicant should be given the benefit
of the doubt by amending his DD Form 214 to reflect receipt of the VSM
3OLC and the RVNCM.  While I cannot determine with certainty whether
he earned these awards for service in Thailand or Vietnam or both, or
for which specific periods, I suggest his DD Form 214 merely indicate
he had foreign service for a period of three months.



                                  CHERYL V. JACOBSON
                                  Member