RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03763
INDEX CODE: 107.00
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Vietnam Service
Medal (VSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While he was stationed in Thailand his unit sent him on Temporary Duty
(TDY) to Vietnam in 1973.
In support of the request, the applicant provides two copies of AF
Form 626, Request and Authorization for Temporary Duty – Military,
dated 11 Apr 75 and 21 Apr 75, two Headquarters 3rd Security Police
Squadron letters, and a copy of his DD Form 214, Report of Separation
from Active Duty.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 Jul 72, and was
progressively promoted to the grade of sergeant. His DD 214, issued
upon his separation reflects a separation date of 10 Jul 76, and that
he served a total of four years of active 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,
and 3 months of Foreign and/or sea service.
On 28 Jan 09, his records were administratively corrected to reflect
award of the Air Force Outstanding Unit Award (AFOUA).
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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP indicates that a thorough review
of the applicant’s records failed to provide any documentation that
substantiates any time in Vietnam. There was no evidence the
applicant was TDY or assigned to Vietnam. There are no documents or
evidence within his records that reflect he served in Vietnam.
The complete AFPC/DPAPP evaluation is at Exhibit C.
AFPC/DPSIDR recommends denial and indicates that according to the
applicant’s records, he served in Guam from 1 Aug 74 through 27 Nov
75. No official documentation was provided that verifies he was
assigned TDY to Vietnam. Nonetheless, based on the inclusive period
for award of the VSM he did not meet necessary requirements for
consideration.
The complete AFPC/DPSIDR evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The pictures he provided were taken in Vietnam after being sent there
on several occasions, as authorized by the orders he provided.
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. We note the applicant’s records
were administratively corrected to reflect award of the AFOUA.
However, after a thorough review of the applicant’s submission and the
available evidence of record, we are not persuaded that he should be
awarded the VSM. While we acknowledge the record of evidence reflects
he served during the Vietnam Conflict and was assigned to Anderson
AFB, Guam, from 1 Aug 74 to 27 Nov 75, the VSM is awarded to all Armed
Forces personnel who, between 4 Jul 65 and 28 Mar 73, served in areas
of Southeast Asia in direct support of US military operations. As
such, the applicant is ineligible for award of the VSM since his tour
was completed after the inclusive award period for the VSM. In view
of the above, 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 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.
_________________________________________________________________
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-
03763 in Executive Session on 2 Apr 09 and 1 Sep 09, under the
provisions of AFI 36-2603:
Mr. Alan A. Blomgren, Acting Panel Chair
Mr. Vance E. Lineberger, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Oct 08, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 31 Dec 08.
Exhibit D. Letter, AFPC/DPSIDR, dated 29 Jan 09.
Exhibit E. Letters, SAF/MRBR, dated 13 Feb 09.
Exhibit F. Letter, Applicant, dated 3 Mar 09, w/atchs.
ALAN A. BLOMGREN
Acting Panel Chair
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