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AF | BCMR | CY2007 | BC-2007-000274
Original file (BC-2007-000274.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00274
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 AUG 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Thailand in 1973, and is now disabled and would  like  to
join the Veterans for Foreign Wars (VFW).  He states the medal has  no
monetary effect on anyone.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records  reflect  he  served on  active
duty from 23 Feb 72 through 20 Feb 76.

On 20 Feb 76, he was honorably discharged in the grade of sergeant (E-
4).  He served 3 years, 11 months and 28 days of total active service.

The VSM 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  thereof  and  in  direct
support of military operations in Vietnam.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the  applicant’s  tour  in
Thailand started in Sep 73; therefore, based on the  criteria,  he  is
ineligible for award of the VSM.

The complete DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  9
Mar 07 for review and comment within 30 days.   As  of  this  date,  this
office has received no response (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.  After a thorough review  of  the
available evidence and the applicant’s complete submission, the  Board
is not persuaded his records  should  be  corrected  to  show  he  was
awarded the (VSM).  The Board took notice of the applicant's  complete
submission in judging the merits  of  the  case;  however,  the  Board
agrees with the opinion and recommendation of the Air Force office  of
primary responsibility and adopt its rationale as the basis for  their
conclusion that the applicant has not been the victim of an  error  or
injustice.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate
the existence of material error  or  injustice;  the  application  was
denied without a personal appearance; and 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-
2007-00274 in Executive Session on 12 Apr 07, under the provisions  of
AFI 36-2603:


                 Ms. Kathy L. Boockholdt, Panel Chair
                 Mr. Patrick C. Daugherty, Member
                 Mr. Todd L. Schafer, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-00274 was considered:

    Exhibit A.  DD Form 149, dated 25 Jan 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C   HQ AFPC/DPPPR, dated 22 Feb 07.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Mar 07.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

 Office of the Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX

XXXXXXX


XXXXXXX


XXXXXXX

      Reference your application, AFBCMR BC-2007-00274, submitted
under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did
not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant
evidence for consideration by the Board.  In the absence of such
additional evidence, a further review of your application is not
possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings





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