RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01068
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to show his entitlement to the
Vietnam Service Medal (VSM).
2. His records be corrected to reflect additional Foreign
Service, and his service in Vietnam (Will be Administratively
Corrected).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While on temporary duty (TDY) to Taiwan, he was responsible for
all aircraft supplies for Taiwan and Vietnam. He flew in an out
of Da Nang Air Base, Vietnam, and served two six month tours in
Vietnam.
In support of the appeal, the applicant provides copies of his
DD Form 214, Armed Forces of the United States Report of Transfer
or Discharge, and extracts from his military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 5 Oct 62 and
was progressively promoted to the grade of sergeant. On
10 Nov 66, he was released from active duty for (Expiration of
Term of Service) with service characterized as honorable. He
served a total of 3 years, 11 months, and 29 days of active
service.
On 12 Jun 10, AFPC/DPAPP verified the applicants Foreign Service
time to be one year, ten months five days, and that he had boots
on ground in Vietnam. However, they were unable to determine
how long the applicant served in Vietnam.
The Vietnam Service Medal (VSM), created on 8 Jul 65, 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 there over and while the AFPC
website incorrectly indicates or] in the direct support of
military operations in Vietnam. The specific eligibility
criteria requires a member to be attached to or directly serving
for one or more days with an organization, or aboard a naval
vessel, directly supporting military operations; actually
participate as a crew member on one or more aerial flights
directly supporting military operations; or serve on temporary
duty (TDY) for 30 consecutive or 60 nonconsecutive days, although
these time limitations may be waived for personnel participating
in actual combat operations. However, no member may be issued
both the AFEM and the VSM for service in Vietnam.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states that since
AFPC/DPAPP is unable to establish the exact dates the applicant
had boots on ground in Vietnam, they are unable to verify his
entitlement to the VSM.
The complete DPSIDR 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 30 Jul 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice regarding the
applicants request for award of the VSM. 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 (OPR) and adopt
its rationale as the basis for our conclusion the applicant has
not been the victim of an error or injustice regarding the VSM.
We note the applicants records will be corrected to reflect that
he served one year, ten months, and five days Foreign Service,
and that he had boots on ground in Vietnam. In the absence of
persuasive evidence to the contrary, we find no basis to
recommend any further relief.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 Docket Number BC-
2010-01068 in Executive Session on 4 Nov 10, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 1 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10.
Panel Chair
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