RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00070
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he served in Vietnam.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His record does not reflect his temporary duty (TDY) assignment
to Vietnam in 1972.
In support of the appeal, the applicant provides a copy of
AF Form 626, Request and Authorization for Temporary Duty -
Military.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 Jan 69 and
was progressively promoted to the grade of technical sergeant.
On 25 Nov 79, he was released from active duty for Expiration of
Term of Service with service characterized as honorable. He
served a total of 10 years, 9 months, and 28 days of active
service.
His DD Form 214, Certificate of Release or Discharge from Active
Duty, reflects award of the Vietnam Service Medal, and the
Republic of Vietnam Gallantry Cross with device.
The VSM is awarded to all service members of the Armed Forces who
between 4 Jul 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.
The Republic of Vietnam Campaign (RVNCM) is awarded to members of
the Armed Forces of the United States who served for six months
in South Vietnam, during the period 1 Mar 61 to 28 Mar 73 or who
served outside the geographical limits of the Republic of Vietnam
and contributed direct combat support to the Republic of Vietnam
and Armed Forces for six months. Such individuals must meet the
criteria established for the Armed Forces Expeditionary Medal
(for Vietnam) or the Vietnam Service Medal, to qualify for the
Republic of Vietnam Campaign Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial, stating that a review of the
applicants military personnel records did not reflect that he
served in Vietnam.
The complete AFPC/DPAPP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 Jun 10, for review and comment within 30 days. As of this
date, no response has been received by this office (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. Sufficient relevant evidence of an error or injustice has
been presented to warrant corrective action. We note the
applicants contention that his records do not reflect his TDY
assignment to Vietnam in 1972. In support of his request, he
provides his TDY orders, dated 18 Apr 72, indicating that he was
ordered to report on TDY assignment for 60 days to the 366th
Combat Support Group, Da Nang Air Base, Vietnam. While the
evidence of record does not verify the applicant actually
performed the TDY assignment, we believe any doubt that he had
boots on the ground in Vietnam should be resolved in his favor.
In view of the above, and in recognition of his service to the
Nation, his records should be corrected as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he had boots on
the ground at Da Nang Air Base, Vietnam, from 28 April 72 to
7 May 72.
_________________________________________________________________
The following members of the Board considered Docket Number BC-
2010-00070 in Executive Session on 22 Jul 10, under the
provisions of AFI 36-2603:
Mr. ----------, Panel Chair
Mr. ----------, Member
Ms. ----------, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jan 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 4 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.
-------------------
Panel Chair
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