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AF | BCMR | CY2007 | BC-2007-00564
Original file (BC-2007-00564.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01804
            INDEX CODE:  107.00

      JACK D. WAMBLE   COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  9 DEC 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM) for  his  service  in
Vietnam from 21 May to 2 Jun 69.

___________________________________________________________________

APPLICANT CONTENDS THAT:

While assigned to a  communication  group  in  the  Philippines  he
performed duty in Korea,  Thailand,  and  Vietnam.   His  unit  was
awarded  the  Presidential  Unit  Citation  (PUC)  for   supporting
military operations in a combat zone.  He  believes  he  meets  the
requirement for award of the VSM, which states “Be attached  to  or
regularly  serve  for  one  or  more  days  with  an   organization
participating in or directly supporting military operations.”

In support of his appeal, applicant submitted a personal statement;
statements from former members of his unit, along  with  copies  of
their temporary  duty  (TDY)  orders  and  travel  vouchers;  other
supporting documentation from his records and his  unit’s  internet
website.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the United States Naval Reserve on 19 Jun  52
and was honorably discharged on 2  Feb  55.   He  enlisted  in  the
US Air Force on 3 Feb 55 for a period of four years in the grade of
airman basic.  Applicant served in the Philippines from 4 Dec 68  –
3 Jun 71.  He was progressively promoted to  the  grade  of  master
sergeant (MSgt) with a date of rank of 1 Dec 74.

Applicant was relieved from active duty on 31 Jul 75 and  honorably
retired effective 1 Aug 75 in the grade of MSgt.  He  was  credited
with 20 years,  6  months,  and  25  days  of  active  service  for
retirement.

___________________________________________________________________

AIR FORCE EVALUATION:

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 contiguous  waters  and  airspace;  in  Thailand,  Laos  or
Cambodia or the airspace thereof  and  in  the  direct  support  of
military operations in Vietnam.  In  addition,  members  must  have
served on TDY 30 consecutive days or 60 nonconsecutive days.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions  that  he  should  be
eligible for award of the VSM.  He further indicated the evaluation
omitted a portion of para 5b (d) which states,  “except  that  time
limit may be waived for personnel participating  in  actual  combat
operations.”

In  support  of  his  response,  applicant  provided   a   personal
statement;  narrative  for  award  of  his  Unit’s  PUC   and   the
qualification requirements for the VSM.

Applicant’s complete response, with attachments, is at 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.  Applicant argues that the record shows he was  participating
in actual combat operations in Vietnam, which he believes qualifies
for an exception to the requirement to serve 30 consecutive days or
60 nonconsecutive days TDY in Vietnam.  We note, while assigned  to
the Philippines, applicant  was  TDY  to  Vietnam  from  21  May  –
2 Jun 69.  However, after a thorough  review  of  the  evidence  of
record and that provided by the applicant, we found no evidence  to
substantiate that he participated in actual combat  operations,  or
in our view, meets the eligibility for award of  the  VSM.   Should
the applicant provide further  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.  Additionally,  applicant’s  record  will  be   administratively
corrected to reflect a TDY in Vietnam from 21 May – 2 Jun  69,  and
his entitlement for award of the PUC and the Air Force  Outstanding
Unit Award  (AFOUA)  with  valor,  while  assigned  to  the  mobile
communication group.

___________________________________________________________________

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-2007-01804 in Executive Session on 17 October  2007,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 12 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.
    Exhibit E.  Letter, Applicant, dated 1 Aug 07, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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