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AF | BCMR | CY2009 | BC-2008-02842
Original file (BC-2008-02842.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02842
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Armed Forces  of  the  United  States  Report  of
Transfer or Discharge, be corrected to show his service in Vietnam and
he be awarded the Vietnam Service Medal (VSM).

2.  In a supplemental statement, the applicant requests that  his  Air
Force Commendation Medal (AFCM) be added to his DD Form 214.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Vietnam while stationed in Japan during a temporary  duty
(TDY) assignment  installing  a  radar  set.   Attending  a  mandatory
training school forced him to leave Japan three months early  possibly
causing this error in his records.

In support of his request, the applicant provided a witness statement,
a copy of his DD Form 214, AF Form 1712,  Uniform  Military  Personnel
Record, Special order G-65, AF Form  77a,  Letter  of  Evaluation  and
copies of his AF Forms 910, Airman Performance Report (APR).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records reflect he enlisted  on  active
duty on 22 October 1951.

On 31 March 1972, he was honorably discharged and on 1 April 1972,  he
was retired in the grade of master sergeant.

He served 20 years, 5 months and 9 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  on  temporary
duty for 30 consecutive days or 60 nonconsecutive days.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states after a thorough review of
the applicant's military records, they are unable to find or verify he
was TDY or assigned to Vietnam.

The complete DPAPP evaluation is attached at Exhibit B.

AFPC/DPSIDR recommends  denial.   DPSIDR  states  the  Directorate  of
Assignments (DOA) was unable to verify the applicant was  assigned  or
TDY  to  Vietnam.   The  applicant  was  asked  to  provide   official
documentation verifying his service in Vietnam; however,  he  did  not
respond.  Therefore, his service in Vietnam  could  not  be  verified.
Without verification that he served the required  number  of  days  in
Vietnam, DPSIDR is unable to verify if he meets the criteria for award
of the VSM.

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant responded stating it is unfortunate records covering the
period he served on active  duty  are  not  maintained.  For  security
reasons Vietnam was not used on documents such as performance  reports
instead Southeast Asia was used.  The fact that the  system  does  not
keep records covering the period he served is not a reason to deny his
request for recognition of his service in  Vietnam.   If  the  records
were kept he is certain  there  would  be  documents  to  confirm  his
assignment to Vietnam.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an  error  or  injustice  warranting  correction  of  his
records to reflect award of the VSM.  In this respect, in  support  of
his  appeal  the  applicant  provided  a  witness  statement  from  an
individual  contending  that  the  applicant  accompanied  him  on   a
deployment to South Vietnam to install  a  Radar  Set,  for  which  he
awarded the VSM.  We note that the  applicant’s  APR  for  the  period
10 October 1965 through 9 October 1966 contains a statement reflecting
his deployment to Southeast Asia to perform installation  of  a  Radar
Set.   Accordingly,  it  is  our  opinion  that  the   applicant   has
established reasonable doubt as to whether he served in Vietnam and we
believe the benefit of doubt in this matter should be resolved in  his
favor.  Notwithstanding the above, other that amending his DD Form 214
to reflect award of  the  VSM,  indicating  specific  areas  in  which
members served during a period of service is not authorized for  entry
on the DD Form 214; therefore, that portion of his request  cannot  be
favorably considered.  Regarding his request that his AFCM awarded  on
13 Jun 1959, be added to his DD Form 214, we note  that  the  AFCM  is
currently reflected on his DD Form 214 covering the period of  service
in which it was awarded, between 12 April 1958 and 11 April 1964.   In
view of the above, we recommend his records be corrected only  to  the
extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that  he  was  awarded  the
Vietnam Service Medal (VSM).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2008-02842  in  Executive  Session  on  5  November  2008,  under  the
provisions of AFI 36-2603:

                 Ms.  Charlene M. Bradley, Panel Chair
                 Mr.  Garry G. Sauner, Member
                 Ms.  Lea Gallogly, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2008-02842 was considered:

Exhibit A.  DD Form 149, dated 22 July 2008, w/atchs.
Exhibit B.  Letter, HQ AFPC/DPSIDR, dated 9 September 2008.
Exhibit C   Letter, HQ AFPC/DPAPP, dated 4 September 2008.
Exhibit D.  Letter, SAF/MRBR, dated 19 September 2008.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

AFBCMR BC-2008-02842




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, be corrected to show that he was awarded the Vietnam
Service Medal (VSM).








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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