RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02837
                                             INDEX CODE:  107.00, 113.00
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect temporary duty  (TDY)  in  Vietnam,  and
entitlement to the Vietnam Service Medal (VSM) and the Republic  of  Vietnam
Campaign Medal (RVNCM).

________________________________________________________________

APPLICANT CONTENDS THAT:

In 1968, he was TDY to Cam Ranh Bay, Vietnam, for a period of three  months.


He needs his records corrected to assist with his  pending  claim  with  the
Department of Veterans Affairs (DVA).

In support of his appeal, he has provided copies of a Letter of  Transmittal
and Aeronautical Order (AO) Number 75, dated 20 June 1968.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 28 May 1965,  and  served  as
an aircraft inertial  and  radar  navigation  systems  repairman  until  his
release from active duty on  27  November  1968.   His  AF  Form  7,  Airman
Military Record, reflects a 36-day TDY  to  Southeast  Asia  (SEA)  for  the
period 22 February 1968 – 28 March 1968.  He is entitled to wear  the  Small
Arms Expert Marksmanship Ribbon, National Defense  Service  Medal,  and  the
Air Force Good Conduct Medal.

The 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.

The RVNCM is awarded to members of the Armed Forces of the U.S.  who  served
for six months in South Vietnam during the period 1 March 1961 to  28  March
1973, or served  outside  the  geographical  limits  of  South  Vietnam  and
contributed direct combat support to the RVN Armed Forces for  an  aggregate
of six months.  Only members of the U.S. Armed Forces who meet the  criteria
established for the VSM or  the  Air  Force  Expeditionary  Medal  (Vietnam)
during the period of service required are  considered  to  have  contributed
direct combat support to the RVN Armed Forces.  It may be awarded  to  those
members who did not complete the required length of service but who,  during
wartime, were wounded by the enemy in a military  action,  captured  by  the
enemy during action or in the line of duty but later  released  or  rescued,
or killed in action or in the line of duty.   It  may  also  be  awarded  to
those members who were assigned in Vietnam  on  28  January  1973,  and  who
served a minimum of 60  calendar  days  in  Vietnam  during  the  period  29
January 1973 to 28 March 1973.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of  the  applicant’s  request  to  correct  his
records  to  reflect  TDY  in  Vietnam  as  there  are  no  documents   that
specifically show a place and time  the  applicant  was  on  the  ground  in
Vietnam.  They requested he check his personal files  to  see  if  he  might
have such documentation and he furnished an AO issued in 1968; however,  the
AO does not provide any substantiation of service in Vietnam.

The AFPC/DPAAP evaluation, with attachment, is at Exhibit C.

AFPC/DPSIDR recommends denial of the applicant’s request for entitlement  to
the VSM and RVNCM as there are no documents that specifically show  a  place
and time the applicant was on the ground in Vietnam.

The AFPC/DPSIDR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On approximately 15 February 1968,  he  was  first  sent  to  Tachacowa  AB,
Japan, then to Cam Rahn Bay, RVN.  He attached two  signed  statements  from
then-airmen,  stating  that  they  served  with  him  during  the  1968  TET
Offensive at Cam Rahn Bay, Vietnam.

The applicant’s complete submission, with attachments, is at Exhibit F.

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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 opinions and recommendations of the Air Force  offices  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.
Although his Personnel Records do indicate he was TDY to SEA,  they  do  not
indicate the location of this TDY.  Should he provide documentation that  he
was TDY to Vietnam, the Board would be willing to  reconsider  his  request.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

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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-2007-02837
in Executive Session on 16 April 2008, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Mary C. Puckett, Member
                       Ms. Barbara J. Barger, Member

                                                              BC-2007-02837


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel
                Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 29 Jan 08, w/atch.
    Exhibit D.  Letter, AFPC/DPSIDR, dated 21 Feb 08.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Feb 08.
    Exhibit F.  Letter, Applicant, dated 4 Mar 08, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair