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AF | BCMR | CY2008 | BC-2007-03303
Original file (BC-2007-03303.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03303
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was assigned temporary duty (TDY) to Vietnam for 60 days.

In support of his request, the applicant provided a  copy  of  his  DD
Form 214, Certificate of Release or Discharge from Active Duty.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records reflect he enlisted  on  active
duty on 2 July 1965.

On 25 June 1969, he was honorably discharged in the grade of  sergeant
(E-4).  He served 3 years, 11 months and 24 days on active duty.

The Vietnam Service Medal is awarded to all  service  members  of  the
Armed Forces who between 4 July 1965 and 28 March 1973, 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 the direct support of military operations in Vietnam.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states based on their  review  of
his personnel record, they could not find any documents showing he was
TDY or assigned to Vietnam.  His assignment history shows his overseas
assignment was to Yokota Air Base, Japan from 2 July 1967 to  24  June
1969.  DPAPP assumes he  does  not  have  any  additional  information
because he did not respond to their request asking for orders.

The complete DPAPP evaluation, with attachments, is at Exhibit C.

AFPC/DPSIDR recommends denial.  DPSIDR states after a thorough  review
of the applicant's military records, they are  unable  to  verify  the
applicant was in Vietnam.  The Office of  Directorate  of  Assignments
requested additional information to verify his assignment to  Vietnam,
he did not respond to the  request.   His  records  do  show  overseas
assignments  to  Japan  and  Korea.   He  received  the  Armed  Forces
Expeditionary Medal (AFEM) for Korea.  His Airman Performance  Reports
(APR) do not make any reference to a TDY in Vietnam during his tour of
duty to Japan.

The complete DPSIDR evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
29 February 2008 for review and comment within 30 days.   As  of  this
date, this office has received no response (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.  After a thorough review  of  the
available evidence of record and finding no  evidence  of  service  in
Vietnam, we are not persuaded his records should be corrected to  show
he was awarded the VSM.  Therefore, 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.   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 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-
2007-03303 in Executive Session on 6 May 2008, under the provisions of
AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
            Mr. Vance E. Lineberger, Member
            Mr. Don H. Kendrick, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 October 2007.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C   HQ AFPC/DPAPP, dated 18 January 2008.
    Exhibit D   HQ AFPC/DPSIDR, dated 25 January 2008.
    Exhibit E.  Letter, SAF/MRBR, dated 29 February 2008.





                                   KATHLEEN F.GRAHAM
                                   Panel Chair

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