RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01085
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 show his entitlement to the
National Defense Service Medal (NDSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records reflect that he is a veteran and should be awarded
medals for his service.
In support of the appeal, the applicant provides a copy of his
Department of Veterans Affairs Rating Decision.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 4 Jun 75 and
was progressively promoted to the grade of senior airman. On
6 May 79, 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.
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.
The NDSM is awarded for honorable active service as a member of
the Armed Forces of the United States for any period between
27 Jun 50 and 27 Jul 54 (Korean War); 1 Jan 61 and 14 Aug 74
(Vietnam War); 2 Aug 90 and 30 Nov 95 (Operations DESERT
SHIELD/DESERT STORM); and 11 Sep 01 to a date to be determined
(terrorism attacks on the United States). During those periods,
service members in the following categories shall not be eligible
for the NDSM; (1) members of the Guard and Reserves on short
tours of active duty to fulfill training obligations under an
inactive duty training program; (2) any servicemember on
temporary duty (TDY) or temporary active duty to serve on boards,
courts, commissions, and similar organization; (3) any service
member on active duty for the sole purpose of undergoing a
physical examination. Any member of the United States Coast
Guard of the Reserve or Guard Forces of the Armed Forces who,
between 1 Jan 61 and 14 Aug 74, became eligible for award of the
either the Armed Forces Expeditionary Medal (AFEM) for the
Vietnam Service Medal (VSM) or between 2 Aug 90 and 30 Nov 95
became eligible for award of the Southwest Asia Service Medal
(SWASM) shall be eligible for award of the NDSM.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states that since the
applicant did not serve on active duty during the time period for
award of the NDSM or the VSM, he is not eligible for either
award.
The complete DPSIDRA 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 10 Sep 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 error or injustice. 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 and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting his request.
_________________________________________________________________
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-
2010-01085 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 17 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 19 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 10 Sep 10.
Panel Chair
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