RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01725
INDEX CODE: 107.00
COUNSEL: THE AMERICAN LEGION
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Vietnam Service
Medal (VSM), and the Republic of Vietnam Campaign Medal (RVNCM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served in Southeast Asia and is eligible for these awards.
In support of his request the applicant submits, a copy of AF Form
1710, Uniformed Military Personnel Record, and a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 Nov 71, and was
progressively promoted to the grade of sergeant. His DD 214, issued
upon his separation reflects a separation date of 17 Nov 75, and that
he served a total of four years active duty service.
His DD 214 also reflects award of the National Defense Service Medal
and the Air Force Good Conduct Medal. He served a total of one year,
four months and four days Foreign and/or sea service.
The VSM is awarded to all service members of the Armed Forces who
between 4 July 65 and 28 Mar 73, 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.
The RVNCM is awarded to members of the Armed Forces of the United
States who served for six months in South Vietnam, during the period 1
Mar 61 to 28 Mar 73.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial and indicates the applicant’s records
reflect that he was stationed at Kadena AB, Japan, from Nov 71 to Jun
73. They have no option but to recommend his request for award of the
VSM and the RVNCM be denied, as there are no documents that reflect he
served in Vietnam.
The AFPC/DPAPP evaluation is at Exhibit C.
AFPC/DPSIDR recommends denial and indicates that DPAPP was unable to
verify applicant served in Vietnam. Without Foreign Service credit
from the DOA that verifies service in Vietnam, they are unable to
verify that he met the criteria for award of the requested medals.
The AFPC/DPSIDR evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He does not have a copy of his orders because his wallet was stolen
while he was in Thailand. He spent 41 days in Da Nang, South Vietnam,
before being sent to Thailand and back to Kadena AB, Japan.
In further support of the application, he provides a copy of AF Form
1712, Uniformed Personnel Record that states he served 114 days in
Southeast Asia.
The applicant’s complete response, with attachments, is at Exhibit F.
_________________________________________________________________
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
applicant’s submission and the available evidence of record, the Board
was not persuaded that he should be granted the requested relief.
While the Board acknowledges the AF Form 1712, dated 3 Jun 75 the
applicant submitted in support of his application, reflects he served
114 days in Southeast Asia (SEA), the document does not show where he
served in SEA or the timeframe in which he served. Therefore, the
Board cannot establish, with reasonable certainty, that he meets the
criteria set forth for award of the requested medals. In view of
this, 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. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2008-
01725 in Executive Session on 16 Dec 08, under the provisions of AFI
36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Elwood C. Lewis III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 08, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 5 Sep 08.
Exhibit D. Letter, AFPC/DPSIDR, dated 14 Oct 08.
Exhibit E. Letter, SAF/MRBR, dated 31 Oct 08.
Exhibit F. Letter, Applicant, dated 3 Nov 08.
CHARLENE M. BRADLEY
Panel Chair
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