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AF | BCMR | CY2010 | BC-2009-01942
Original file (BC-2009-01942.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01942
            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 amended to reflect his Republic of Vietnam (RVN)  service  and
medals.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was assigned temporary  duty  (TDY)  in  Cam  Ranh  Bay,  RVN,  in  1971;
however, this is not indicated on his DD Form 214.  He discovered the  error
when he tried to join the Vietnam Veterans Association.

In support of his request, the applicant submits copies of a  special  order
(SO) and a letter from the National Personnel Records Center (NPRC).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  8  Apr  69.   He  was
honorably discharged on 6 Apr 73.  He served 3 years, 11 months and 29  days
on active duty.

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 Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states the applicant  only  served
in Vietnam for 13 days;  thereby  making  him  ineligible  for  the  Vietnam
Service Medal (VSM).  The VSM is awarded to all service members who  between
4 Jul 65 and 28 Mar 73, who served 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.   Members  must  serve  on
temporary duty for 30 consecutive days or 60 nonconsecutive days.

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he remembers being deployed to Vietnam for at least  30
days and wondered if a typographical error had been made.  He requested  the
pay records of the other airman listed on the amendment order  he  submitted
be checked (Exhibit D).  On 31 Jan 10, he requested his case be  temporarily
closed in  order  to  research  additional  proof  to  support  his  request
(Exhibit E).

In a letter dated 3 Jun 10, the applicant stated  that  while  the  original
order is not available, the amendment order  (submitted)  clearly  indicates
the duration of the deployment was changed from 10 days  to  60  days.   The
amendment should substantiate his length of stay for a period  of  60  days.
He requested his  pay  history,  but  the  pay  office  could  only  provide
information back to Oct 71.  He has exhausted  all  means  to  find  further
evidence of his TDY and travel vouchers are not available in historical  pay
files.

He was  informed  the  VSM  was  not  an  individually  awarded  medal  and,
therefore, had no reason to request it be added to  his  record.   He  would
not ask for an award he did not believe he was entitled to.

The applicant’s complete submission is at Exhibit I.

_________________________________________________________________

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.   The  applicant  believes  the  amendment
order he submitted should substantiate  his  claim;  however,  we  note  the
comments provided by HQ AFPC/DPAPP which state TDY  orders  do  not  confirm
that  he  actually  served.   Therefore,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
its rationale as the basis for our determination  that  relief  beyond  that
already granted administratively is not warranted.

_________________________________________________________________

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 22 Jun 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence pertaining to  AFBCMR  BC-2009-01942  was
considered:

    Exhibit A.  DD Form 149, dated 9 May 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 17 Dec 09.
    Exhibit D.  Letter, Applicant, dated 12 Jan 10.
    Exhibit E.  Letter, Applicant, dated 31 Jan 10.
    Exhibit F.  Letter, AFBCMR, dated 1 Feb 10.
    Exhibit G.  Letter, HQ AFPC/DPAPP, dated 16 Mar 10.
    Exhibit H.  Letter, SAF/MRBR, dated 23 Apr 10.
    Exhibit I.  Letter, Applicant, dated 3 Jun 10.





                                   Panel Chair

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