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AF | BCMR | CY2009 | BC-2008-01595
Original file (BC-2008-01595.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01595
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to the VSM for his  90  days  temporary  duty  assignment  to
Vietnam.

In support of his request, the applicant provided a copy of  a  letter  from
the Department of Veterans Affairs and a copy of  his  DD  Form  214,  Armed
Forces of the United States Report of Transfer or Discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 December 1970  in  the
grade of airman basic.  He  was  progressively  promoted  to  the  grade  of
sergeant having assumed that grade effective and with a date of  rank  of  1
October 1972.

On 21 June 1973, the  applicant  was  honorably  discharged.   He  served  2
years, 6 months and 4 days on active duty.

The VSM 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  a  thorough  review  of  the
applicant’s Master Personnel Records failed to  provide  any  document  that
substantiated any time in Vietnam.

The complete DPAPP evaluation is at Exhibit C.

AFPC/DPSIDR recommends denial.  DPSIDR states after  a  thorough  review  of
the applicant’s military records they were unable to  verify  the  applicant
was in Vietnam.  The Office of Directorate  of  Assignments  was  unable  to
give credit for time served in Vietnam.  On 9 June 2008  the  applicant  was
asked to check his personal files to locate any documents showing  any  type
of orders stating he was TDY to Vietnam.  Apparently, he did  not  have  any
documents  because  he  did  not  respond  to  the  request.   Further,  the
applicant’s Foreign Service listed in his DD Form 214, is  Korea,  which  is
not an authorized area of eligibility for the VSM.

The complete DPSIDR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29  August  2008,  copies  of  the  evaluations  were  forwarded  to  the
applicant for review and comment within 30 days (Exhibit  E).   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 injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing his submission and  the  evidence
of record, we found no evidence which would lead us to believe  that  he  is
entitled  to  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.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an 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-2008-
01595 in Executive Session on 2 October 2008, under the  provisions  of  AFI
36-2603:

                 Mr. Alan A. Blomgren, Panel Chair
                 Ms. Jan Mulligan, Member
                 Mr. James G. Neighbors, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 April 2008, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP, dated 7 August 2008, w/atch.
   Exhibit D.  Letter, AFPC/DPSIDR, dated 14 August 2008.
   Exhibit E.  Letter, SAF/MRBR, dated 29 August 2008.





                       ALAN A. BLOMGREN
                       Panel Chair




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