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AF | BCMR | CY2009 | BC-2008-03034
Original file (BC-2008-03034.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03034
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he  received  the  Vietnam  Service
Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Per instructions from his health and benefits advisor, he is  requesting  an
amendment to his DD Form 214 to reflect his service  in  Vietnam.   Although
he was not on the ground, he flew over the country in B-52s as part  of  the
maintenance crew and did not receive combat pay.

In order for him to receive the proper medical benefits, he must have  proof
of his service.  His DD Form 214 shows the amount of  Foreign  Service  time
and no location information.

In support of the application, the applicant submits his DD Form 214,  Armed
Forces of the United States Report of Transfer or Discharge.

The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  1  Nov  65.   He  was
honorably discharged from service on 12 Feb 69 and transferred  to  the  Air
Force Reserve.  He had served 3 years, 3 months and 12 days on  active  duty
to include 11 months and 11 days of Foreign Service.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibits C & D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP recommends denial.  DPAPP states no evidence was found in  the
applicant’s records that he was assigned duties in Vietnam.

The complete DPAPP evaluation is at Exhibit C.

HQ AFPC/DPSIDR recommends denial.  DPSIDR states the VSM is awarded  to  all
service members of the Armed Forces who between  4 Jul  65  and  28  Mar  73
served  in  the  following  areas  of  Southeast  Asia:   Vietnam  and   the
contiguous  waters  and  airspace;  Thailand,  Laos  or  Cambodia  or  other
airspace thereof and in direct support of military operations in Vietnam.

The Directorate of Assignments (DoA) was unable to  verify  the  applicant’s
service in Vietnam.  Without DoA’s verification, DPSIDR is unable to  verify
his entitlement to the VSM.

The complete DPSIDR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10  Oct
08 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit D).

_________________________________________________________________

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.   Other  than  his  own  assertions,  the
applicant has provided no documentary  evidence  that  would  establish  his
entitlement to the Vietnam Service  Medal;  therefore,  we  agree  with  the
opinion  and  recommendation  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.   Thus,
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 this application in  Executive
Session on 19 February 2009, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Ms. Michele M Rachie, Member
            Mr. Garry G. Sauner, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2008-03034:

      Exhibit A.  DD Form 149, dated 13 Aug 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPAPP, dated 22 Sep 08.
      Exhibit D.  Letter, HQ AFPC/DPSIDR, dated 25 Sep 08.
      Exhibit E.  Letter, SAF/MRBR, dated 10 Oct 08.



                                  CHARLENE M. BRADLEY
                                  Panel Chair

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