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AF | BCMR | CY2009 | BC-2008-03792
Original file (BC-2008-03792.doc) Auto-classification: Denied








                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03792
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of  Transfer
or Discharge, be corrected to reflect award  of  the  Vietnam  Service
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was temporarily assigned to Cam Rahn Bay, Vietnam, for 60  days  in
1968.  His military pay records should prove that he  received  combat
pay the months of September through December 1968.

In support of his request, the applicant provides a  copy  of  AF Form
626, Request and Authorization for Temporary Duty – Military,  a  copy
of a personal letter, and a copy of his Social Security Statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 29 Mar 65, for  a  term  of
four years, and was progressively promoted to the grade  of  sergeant.
He was honorably discharged on 12 Mar 69, under the provisions of  AFM
39-10, Administrative Separation of Airmen.  He served a  total  of  3
years, 11 months, and 14 days of active service.

His DD 214 indicates award of the National Defense Service Medal,  the
Good Conduct Medal, and 1 year and 29 days of Foreign Service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial and states, in part, that no evidence was
found to substantiate the applicant was TDY or served in Vietnam.

The AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSIDR recommends denial and states, in part, that based on their
review  and  the  Directorate  of  Assignments  advisory,  they   must
recommend disapproval for award  of  the  VSM,  without  the  required
Foreign Service credit for Vietnam.

The applicant provided a travel order as proof of his TDY to  Vietnam.
The travel order itself is not a valid source document,  and  it  does
not prove he actually went TDY.  Without an official  travel  voucher,
citation or performance reports, to verify he served  in  Vietnam  his
claim cannot be verified.

The AFPC/DPSIDR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
13 Feb 09 for review and comment within 30 days.  As of this date,  no
response has been received by this office (Exhibit E).

_________________________________________________________________

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 an  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 conclusion the applicant has not been the victim  of
an error or injustice.  No evidence has been presented  verifying  the
applicant’s entitlement to the requested  medal.   Should  he  provide
additional documentation to support his request, the  Board  would  be
willing to reconsider his application.  In view of
the above, and 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-
03792 in Executive Session on 19 May 09, under the provisions  of  AFI
36-2603:

                 Mr. Joseph D. Yount, Panel Chair
                 Mr. Michael V. Barbino, Member
                 Mr. Oliver Fritz, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Sep 08, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAPP, dated 31 Dec 08.
      Exhibit D. Letter, AFPC/DPSIDR, dated 30 Jan 09.
      Exhibit E. Letter, SAF/MRBR, dated 13 Feb 09.





      JOSEPH D. YOUNT
      Panel Chair

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