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AF | BCMR | CY2010 | BC-2009-02499
Original file (BC-2009-02499.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02499
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect  he  was  awarded  the  Vietnam  Service
Medal (VSM) and other unit medals for the time he served in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He performed temporary duty (TDY) in Da Nang, Vietnam,  in  support  of  the
820th Combat  Support  Group  during  the  period  of  1964-1965  and  never
received the VSM or other unit medals.  He was not aware  of  the  error  in
his record.

The applicant did not submit any documentation to support his claim.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 Jun 61 in the grade  of
airman basic.  His records indicate he completed  TDYs  in  1962  and  1963;
however, his TDY location is not disclosed.

He was honorably discharged on 4 Jun 65 for Early  Release  of  Airman  when
Normal Expiration Term of Service (ETS) Separation Date falls on a  non-work
day.  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 letters  prepared  by
the appropriate office of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP recommends denial.   DPAPP  states  there  is  no  mention  of
Vietnam service in the  applicant’s  records.   DPAPP  requested  additional
documentation in support of his claim; however, the  documentation  provided
does not indicate time served in Vietnam.

The complete DPAPP evaluation is at Exhibit C.

HQ AFPC/DPSIDR recommends denial. VSM Criterion:  The VSM is awarded to  all
members of the Armed Forces  of  the  United  States  serving  at  any  time
between 4 Jul 65 and 28 Mar 73, in Vietnam, Thailand, Laos, or Cambodia,  or
the airspaces, thereof, and in direct support of operations in  Vietnam  and
if on TDY in the area of responsibility (AOR) for  30  consecutive  days  or
60 nonconsecutive days.  Service members  must  actually  participate  as  a
crew member in one of  more  aerial  flights  directly  supporting  military
operations, be attached to or regularly serving for one, or more, days  with
an organization participating in or directly  supporting  ground  (military)
operations or be attached or  regularly  serving  for  one,  or  more,  days
aboard a naval vessel directly supporting military operations.

DPSIDR states they are unable to verify the applicant’s entitlement  to  any
unit award issued for service in Vietnam; however, they were able to  verify
his entitlement to  the  National  Defense  Service  Medal  (NDSM)  and  his
records will be administratively corrected to reflect this award.

The complete 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  23
Apr 10, 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
opinions  and  recommendations  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.
Accordingly, 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-2009-02499  in
Executive Session on 30 Jun 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jun 09.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPAPP, dated 17 Mar 10.
    Exhibit D.  Letter, HQ AFPC/DPSIDR, dated 5 Apr 10.
    Exhibit E.  Letter, SAF/MRBR, dated 23 Apr 10.




                                   Panel Chair

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