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AF | BCMR | CY2006 | BC-2007-00039
Original file (BC-2007-00039.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00039
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  13 JUL 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal.


___________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Thailand, on or about 27 Nov  74.   His  DD Form  214,
Report of Separation from Active Duty should reflect  178  days  of
service in Indochina.  At the time he was  in  U-Tapao,  he  served
during Operation Frequent Wind (OFW), the evacuation of Vietnam  on
the 29th and 30th of April.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
DD Form 214, dated 30 Jul 76; his TDY orders, dated 7 Oct  74,  and
other supporting documents.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  20  Jul  73  for  a
period of four years in the grade of airman basic.  He served as an
Aircraft  Maintenance  Specialist.   Applicant  was   progressively
promoted to the grade of sergeant with an effective date  and  date
of rank of 1 May 76.

On 30 Jul 76, he was honorably discharged from  active  duty  under
the provisions of AFM 39-10.  He was  credited  with  3  years  and
11 days of active duty service, including 5 months and 28  days  of
foreign service.  Additionally, his DD Form 214 reflects  178  days
of service in Indochina.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial.
Applicant’s record reflect a TDY to U-Tapao  Air  Field,  Thailand,
from Nov 74 – Apr 75.  If verifiable documentation  was  submitted,
applicant could be entitled to the Armed Forces Expeditionary Medal
for participation in OFW.

The VSM is awarded to all service members of the Armed  Forces  who
between 4 Jul 65 and 28 Mar 73, served in Southeast Asia.

DPPPR’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 9 Feb 07 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 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.  We found no official
documents to substantiate applicant’s eligibility for award of  the
VSM.  The personal  sacrifice  the  applicant  contributed  to  his
country is noted and our decision in no  way  diminishes  the  high
regard we have for his service.  In view of the above, 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 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-2007-00039 in Executive Session on  13  March  2007,  under  the
provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Don H. Kendrick, Member
      Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 6 Feb 07, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Feb 07.




                                   WAYNE R. GRACIE
                                   Panel Chair

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