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AF | BCMR | CY2006 | BC-2005-03775
Original file (BC-2005-03775.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2005-03775
                                  INDEX CODE:  110.00
                                  COUNSEL:  NONE

                                  HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  17 JUNE 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like to replace one of his Humanitarian  Service  Medals  (HSM)  he
earned during the Vietnam evacuations for a Vietnam Service Medal.

In support of his appeal, applicant submits a  copy  of  his  DD  Form  214.
Applicant’s submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Records  reflect  that  the  applicant  retired  in  the  grade  of  captain
effective 1 November 1992.  He had served 20 years, 4 months and 9  days  on
active duty.

His discharge document for the period 22  June  1972  to  16  November  1975
reflects he was assigned  as  a  Security  Specialist  at  U-Tapao  Airfield
Thailand, and was awarded the National Defense  Service  Medal,  Small  Arms
Expert Marksmanship ribbon, Air Force Good Conduct Medal and the  Air  Force
Outstanding Unit Award.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  the  application  be  denied.   DPPPR   states   the
applicant was assigned to U-Tapao Airfield, Thailand, from 19 December  1974
to 19 December 1975.   During  his  assignment,  the  applicant  earned  the
entitlement to the HSM with two Bronze Service Stars.  DPPPR  advises  there
is no  requirement  that  the  HSM  can  be  exchanged  for  the  VSM.   The
requirements for both awards are different.  Entitlement for the HSM is  one
day in the area of eligibility providing hands-on action in  direct  support
of  the  operation  or  relief  effort.   Entitlement  to  the  VSM  is   30
consecutive days or 60 nonconsecutive  days  in  the  AOE  providing  direct
support  of  Vietnam  operations.   DPPPR  advises  the  applicant  was   in
Southeast Asia from 19 December 1974 to 19 December 1975; therefore,  he  is
ineligible for the award of the VSM.  The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 January 2006, a copy of the Air Force evaluation was forwarded to  the
applicant for review  and  comment.   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 warranting  award  of  the  Vietnam  Service
Medal (VSM).  The VSM is awarded for service in Vietnam during the period  4
July 1965 through 28 March 1973.  The applicant  was  assigned  to  Thailand
from 19 December 1974 to 19 December 1975, past the eligibility  period  for
award  of  the  VSM.   In  addition,  there  is  no  requirement  that   the
Humanitarian Service Medal can be exchanged for the VSM.  We agree with  the
opinion  and  recommendation  of   the   Air   Force   office   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.
Therefore, we find no basis to recommend granting the relief sought in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  this  application,  AFBCMR
Docket Number BC-2005-03775, in Executive Session on  30 March  2006,  under
the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Dec 05 w/atch.
    Exhibit B.  Letter, AFPC/DPPPR, dated 20 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.




                                   RICHARD A. PETERSON
                                   Panel Chair

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