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AF | BCMR | CY2006 | BC-2005-02780
Original file (BC-2005-02780.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02780
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  12 MAR 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be given credit for service in Vietnam,  award  of  the  Vietnam
Service Medal (VSM) for service in Vietnam in Oct 69 and  award  of
the Small Arms Expert Marksmanship Ribbon (SAEMR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was on temporary duty (TDY) in Oct 69 for ten (10)  days,  three
days of which was at Cam Ranh Bay, Vietnam.  His DD Form 214 should
be corrected to reflect service in Vietnam and award of  the  SAEMR
that he qualified for in Jun 69.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  11  Sep  68  for  a
period of four years in the grade of airman basic (E-1/AB).  He was
progressively promoted to the  grade  of  airman  first  class  (E-
3/A1C).

On 28 May  70,  he  was  discharged  from  active  duty  under  the
provisions of AFM 39-12, with  service  characterized  as  general,
under honorable conditions.  He was credited with 1 year, 8 months,
and 17 days of active duty service.  Item 18(f) of his DD Form 214,
Report of Separation from Active Duty, reflects Foreign and/or  Sea
Service this Period, as zero.

On 27 Jun 72, his DD Form 214  was  administratively  corrected  to
reflect his grade in Item 5b as E-3.  On 17 Jun 76, the  Air  Force
Discharge  Review  Board  upgraded  the  applicant’s  discharge  to
honorable.

He was awarded the National Defense Service Medal.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP reviewed  this  application  and  recommended  denial
stating, in part, that there were no  documents  that  confirm  any
temporary duty (TDY) to Vietnam.  Applicant was asked to check  his
personal files to see if he had anything that would support his TDY
to Vietnam, however, he did not respond.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial,
stating, in part, the VSM is awarded to members of the service who,
between 4 Jul 65 and 28 Mar 73 served in Southeast Asia: In Vietnam
and the waters and airspace thereover  in  the  direct  support  of
military operation  in  Vietnam.   They  must  be  attached  to  or
regularly  serving  for  one,  or  more  days   with   organization
participating  in  or   directly   supporting   ground   (military)
operations.   Serve   on   TDY   for   30   consecutive   days   or
60 nonconsecutive days.

On  23  Sep  05,  a  letter  was  sent  requesting  any  supporting
documentation to confirm his entitlement to his  claim  (i.e.,  TDY
orders, travel voucher, flight records, etc) that show  a  specific
time and location of the TDY.  He did not respond.

Applicant did not provide any  documentation  to  substantiate  his
claim for award of the SAEMR, therefore, they were unable to verify
his entitlement to the SAEMR.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 20 Jan 06 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

___________________________________________________________________

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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case; however, we agree with the opinions and recommendation of the
Air  Force  offices  of  primary  responsibility  and  adopt  their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of  an  error  or  injustice.   They  requested
applicant provide  supporting  documentation  to  substantiate  his
eligibility for award of the Small Arms Expert Marksmanship Ribbon,
Vietnam Service Medal, and credit for service in Vietnam;  however,
he did not respond.  Should the applicant provide documentation  to
substantiate his claim, we  would  be  willing  to  reconsider  his
petition.  In view of the above, we  find  no  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issues  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-02780 in Executive Session on 22 February 2006,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Sep 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPAPP, dated 10 Nov 05.
    Exhibit D.  Letter, HQ AFPC/DPPPR, dated 17 Jan 06.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Jan 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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