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AF | BCMR | CY2010 | BC-2010-00755
Original file (BC-2010-00755.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-00755
            INDEX CODE:  107.00
      COUNSEL:  KENNETH IRWIN, USO
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect the award of the Vietnam  Service  Medal
(VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was assigned temporary duty (TDY) in Thailand for 60 days as a B-52  Tail
Gunner.  While there, he flew missions over Vietnam which qualifies him  for
receipt of the VSM.  Award of the  VSM  may  qualify  him  for  health  care
benefits with the Department of Veterans Affairs (DVA).

In support of this application, the  applicant  submits  his  DD  Form  214,
Report of Separation from Active Duty and a letter from his counsel.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 4 Oct 72.   His  AF  Form
909, Airman Performance  Report  (APR)  indicates  he  performed  duties  in
direct support of Strategic Air Command (SAC) Arc Light  in  Southeast  Asia
from 4 Oct 74 to 21 Dec 74.  In addition, Block  19  on  his  DD  Form  214,
states “60 days (THAILAND).”

VSM Criteria:  The VSM is awarded  to  all  service  members  of  the  Armed
Forces who between 4 July 65 and 28 March 73, served in the following  areas
of Southeast Asia:  In Vietnam and in 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 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.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he meets the criteria for the VSM.  In this respect, we  note  the  campaign
period for  the  VSM  was  15  Mar  62  through  28  Jan  73;  however,  the
applicant’s assignment in Thailand occurred  during  the  latter  months  of
1974.  The personal sacrifice the applicant has endured for his  country  is
noted; however, in the absence of evidence the applicant meets the  criteria
for the VSM, we find no basis upon which to grant his request.

_________________________________________________________________

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 8 Dec 10, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-2010-00755:

    Exhibit A.  DD Form 149, dated 22 Feb 10, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.




                                   Panel Chair

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