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AF | BCMR | CY2007 | BC-2007-01141
Original file (BC-2007-01141.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01141
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Vietnam Service
Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was in Thailand for two temporary duties (TDYs) both  for  over  60
days.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  (RegAF)  on  15 March
1966 as an airman basic (AB) for a  period  of  four  years.   He  was
honorably released from active duty on 13 March 1970 in the  grade  of
staff sergeant.  He served 3 years, 11 months and 29  days  on  active
duty.

HQ AFPC/DPPPRA informed the applicant on  27  September  1995  and  21
January 1997, that the information and documentation he  provided  did
not substantiate his eligibility for the VSM.

On 30 April 2007, HQ AFPC/DPAPP informed the  applicant  documentation
in his military personnel records to verify his  eligibility  for  the
VSM could not be  located.   DPAPP  further  requested  the  applicant
provide any documentation he may have to substantiate his request.  He
did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states the VSM is  awarded  to
servicemembers who, between 4 July 1965, and 28 March 1973, served  in
Southeast Asia; in Vietnam and the contiguous waters and airspace;  in
Thailand, Laos or Cambodia or the airspace thereof or  in  the  direct
support of military operations in Vietnam.

DPPPR further states the applicant has not provided any  documentation
that verifies he served in the area of eligibility.

AFPC/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
13 June 2007, for review and response.  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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or  an  injustice.   The
applicant requests he be awarded the VSM.  There was no  documentation
found in the applicant’s  military  records  or  provided  by  him  to
support he served in an area of eligibility for award of the VSM.  The
Directorate of Assignments requested the applicant provide  additional
documentation in support of his request  for  award  of  the  VSM;  he
failed  to  respond.   Without  official  documentation  showing   the
applicant served in an area of eligibility for the VSM his eligibility
cannot be verified.  Therefore, in the  absence  of  evidence  to  the
contrary, 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 AFBCMR Docket Number BC-
2007-01141  in  Executive  Session  on  2  October  2007,  under   the
provisions of AFI 36-2603:

                       Ms. Cathlynn B. Novel, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, 3 Apr 07.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 26 Jun 07.
      Exhibit D. Letter, SAF/MRBR, dated 13 Jul 07.




                             CATHLYNN B. NOVEL
                             Panel Chair

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