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AF | BCMR | CY2009 | BC-2008-02775
Original file (BC-2008-02775.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02775
                       INDEX CODE:  107.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Vietnam Service
Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he is entitled to the VSM.

In support of his request, the applicant provided a  copy  of  his  DD
Form 214.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 Jan 69, the applicant contracted his initial  enlistment  in  the
Regular Air Force.  He was progressively  promoted  to  the  grade  of
sergeant having assumed the grade effective and with a date of rank of
1 Sep 70.  He had one year  of  foreign  service.   He  was  honorably
discharged on 11 Dec 72.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP  recommends  denial.   DPAPP  states  a  review  of  the
applicant's military records did not produce any evidence to  show  he
was TDY or assigned in Vietnam.

AFPC/DPAPP's complete evaluation is at Exhibit C.

HQ AFPC/DPSIDR recommends denial.  DPSIDR states the VSM is awarded to
service members who between 4 Jul 65 and 28  Mar  73,  served  in  the
following areas of Southeast  Asia:  in  Vietnam  and  the  contiguous
waters and airspace; in Thailand, Laos, Cambodia and in direct support
of military operations in Vietnam.  His  Enlisted  Performance  Report
for the period ending 6 Dec 72 reflects he was sent to Kadena Air Base
from  2  Dec  71  through  1 Dec  72  and  Block  VII  states  He  has
demonstrated outstanding initiative and job performance in support  of
our flying responsibilities in Southeast Asia.  However, there  is  no
indication as to which country he was flying into.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 Sep 08, for review and comments within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

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 decision that the applicant has  failed  to  sustain
his burden of proof  of  the  existence  of  either  an  error  or  an
injustice.  Therefore, 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  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 AFBCMR Docket Number BC-
2008-02775 in Executive Session on 23 Oct 08, under the provisions  of
AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Elwood C. Lewis III, Member
                       Mr. Kurt R. LaFrance, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2008-02775 was considered:

      Exhibit A. DD Form 149, not dated, w/atch.
      Exhibit B. Applicant's Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPAPP, dated 18 Aug 08.
      Exhibit D. Letter, HQ AFPC/DPSIDR, dated 10 Sep 08.
      Exhibit E. Letter, SAF/MRBR, dated 19 Sep 08.




                             THOMAS S. MARKIEWICZ
                             Chair

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