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AF | BCMR | CY2009 | BC 2009 00371
Original file (BC 2009 00371.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER: BC-2009-00371
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show that he served in Vietnam and was awarded the Vietnam Service Medal with two Bronze Service Stars (VSM w/2BSS). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Vietnam service was inadvertently left off his DD Form 214. 

In support of his request, the applicant submits a copy of his  DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and copies of his blanket flight orders. 

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 27 April 1966 and was progressively promoted to the grade of staff sergeant. He was honorably discharged on 24 April 1970, after serving 3 years, 11 months and 28 days of active service.

The applicant was in Okinawa and Guam with a 24-hour stop in Thailand in 1969. 

The Vietnam Service Medal is awarded to individuals who perform temporary duty in Vietnam for 30 consecutive, or 60 nonconsecutive days, or who flew as a crewmember in one or more aerial flights directly supporting military operations. 

_________________________________________________________________





AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the request, as the applicant's 24 hour stopover in Thailand does qualify him for the VSM.  He did not serve any additional time in Thailand, Cambodia, Laos, or Vietnam. 

The AFPC/DPSIDR complete evaluation was at Exhibit C

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 May 2005 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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.  After a thorough review of the available evidence and the applicant’s complete submission, we find insufficient evidence that he performed temporary duty in Vietnam for 30 consecutive, or 60 nonconsecutive days, to be eligible for the VSM. With respect to his foreign service, the applicant has provided insufficient evidence to persuade us this entry on his DD Form 214 should be changed. Therefore, in the absence of evidence to the contrary, the Board finds 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 Docket Number BC-2009-00371 in Executive Session on 15 July 2009, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2009-00371:

	Exhibit A.	DD Form 149, dated 24 Jan 09, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSIDR, dated 5 May 09.
	Exhibit D.	Letter, SAF/MRBR, dated 22 May 09.




	
	Panel Chair




3




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