RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02774
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 March 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 be corrected to reflect that he was in Vietnam and he be
awarded any awards/decorations authorized for his service in Vietnam.
________________________________________________________________
APPLICANT CONTENDS THAT:
He served 55 days on at least eight different TDYs in Vietnam from 1970-
1972.
In support of his appeal, he submits copies of envelopes which have free
postage and a Vietnam APO, and a copy of his DD Form 214.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The Vietnam Service Medal (VSM) is awarded to all members of the Armed
Forces of the U.S. serving at any time between 4 July 1965 and 28 March
1973, in Vietnam, its contiguous waters, or airspace, thereover, or in
Thailand, Laos, or Cambodia, or the airspaces, thereover, and in direct
support of operations in Vietnam. To be eligible, a member must serve on
temporary duty for 30 consecutive days or 60 nonconsecutive days, although
those time limitations may be waived for personnel participating in actual
combat operations.
Applicant served on active duty from 1 April 1969 to 2 January 1973. He
was assigned to Clark AFB, PI, from November 1970 to March 1972; however,
his records contain no TDY orders or Travel Vouchers confirming any TDYs to
Vietnam. Based upon the
documentation provided by applicant, the AFPC Assignments Directorate was
able to verify 11 days of service in Vietnam.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial as they were unable to verify entitlement to
any awards during applicant’s 11 days of service in Vietnam. They further
state that applicant must provide official documentation that verifies he
served on temporary duty for 30 consecutive days or 60 nonconsecutive days
to be eligible for award of the VSM.
The AFPC/DPPPR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 22
December 2006, for review and comment, within 30 days. However, as of this
date, no response has been received by this office.
________________________________________________________________
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. To be eligible for award of the VSM, a
member must serve on temporary duty for 30 consecutive days, or 60
nonconsecutive days, in Vietnam, its contiguous waters, or airspace,
thereover, or in Thailand, Laos, or Cambodia, or the airspaces, thereover,
and in direct support of operations in Vietnam. Since only 11 days of
service in Vietnam have been verified from the available documentation,
there is no evidence he met the award criteria. Should the applicant
provide TDY vouchers, flight orders, or other documentary evidence of
additional service in Vietnam, the Board would reconsider his request.
However, in the absence of such evidence, we find no compelling 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 Docket Number BC-2006-02774
in Executive Session on 6 February 2007, under the provisions of AFI 36-
2603:
Mr. James W. Russell, III, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Sep 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 7 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 22 Dec 06.
JAMES W. RUSSELL, III
Panel Chair
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