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AF | BCMR | CY2010 | BC 2010 03206
Original file (BC 2010 03206.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 2010-03206
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect his service in Vietnam 
and Thailand.

2.  He records be corrected to reflect award of the Vietnam 
Service Medal (VSM), the Armed Forces Expeditionary Medal (AFEM) 
and the Vietnam Campaign Medal (VCM).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was on a temporary duty (TDY) assignment to Vietnam and 
Thailand for 114 days between Aug 1964 and Nov 1964.

His awards for Foreign Service are not reflected on 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 served on active duty in the Regular Air Force 
from 18 Aug 1961 to 17 Aug 1965.  His DD Form 214 reflects eight 
months of Foreign Service.

In response to the applicant’s request to reflect his service in 
Vietnam and Thailand, AFPC/DPAPP sent the applicant a memorandum 
dated 16 Jul 2012, stating the DD Form 214 does not reflect 
specific locations.  However, DPAPP verified he was TDY in 
Thailand from 5 Aug 1964 to 27 Nov 1964, and TDY in Vietnam from 
21 Sep 1964 to 27 Oct 1964.  He was also advised that he could 
use the memorandum as proof of “boots on the ground” in Vietnam 
and Thailand.

The VCM is awarded to members of the Armed Forces of the United 
States who between 1 Mar 1961 and 28 Mar 1973 served for six 
months in South Vietnam, or served outside the geographical 
limits of South Vietnam and contributed direct combat support to 
the Republic of Vietnam Armed Forces for an aggregate of six 
months.  Only members of the Armed Forces of the United States 
who meet the criteria established for the AFEM (Vietnam) or the 
VSM during the period of service required are considered to have 
contributed direct combat support to the Republic of Vietnam 
Armed Forces.

The VSM is awarded to all members of the United States Armed 
Forces serving at any time between 4 Jul 1965 and 28 Mar 1973, 
in the area of eligibility.  The area of eligibility is defined 
as: Vietnam, its contiguous waters, or the airspaces there-over; 
in Thailand, Laos, or Cambodia, their contiguous waters, or the 
airspaces there-over, and in direct support of operations in 
Vietnam.  To be eligible, a Service member must have served TDY 
for 30 consecutive days or 60 non-consecutive days.  These time 
limitations may be waived for personnel who participated in 
actual combat operations.  A bronze star denotes campaign 
participation and is awarded for at least 1 day in each campaign 
phase.  Personnel previously awarded the AFEM for service in 
Vietnam between Jul 1958 and Jul 1965, may, upon request, 
exchange that medal for the VSM; however, no one service member 
is authorized to wear both medals solely for services in 
Vietnam.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for 
award of the VCM and VSM.  DPSID states there is no official 
documentation in his official military personnel record 
verifying he met the criteria for award of the VCM.  While the 
applicant did meet the award criteria for award of the VSM, his 
previous award of the AFEM makes him ineligible to also be 
awarded the VSM.  Their attempts to contact the member to 
ascertain if he desires to exchange the AFEM for the VSM have 
been unsuccessful.

The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 Sep 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  
To date, a response has not been received (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 to warrant 
approval of the VSM and the VCM.  We took notice of the 
applicant's complete submission in judging the merits of the 
case; however, we agree with the opinion and recommendation of 
the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice.  Regarding his request 
to add the AFEM to his records, this award is already reflected 
on his DD Form 214.  Should the applicant provide documentation 
that establishes he met the criteria established for award of 
the VCM or makes a request to exchange the AFEM for the VSM, we 
would be willing to reconsider his request.  In the absence of 
evidence to the contrary, we find no 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 BC-2010-
03206 in Executive Session on 14 Feb 2013, under the provisions 
of AFI 36-2603:

     , Panel Chair
     , Member
     , Member



The following documentary evidence was considered in AFBCMR 
BC-2010-03206:

    Exhibit A.  DD Form 149, dated 1 Jun 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSID, dated 24 Jun 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Sep 2012.




								
				Panel Chair

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