RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02010
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His fathers DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge, be corrected to show medals for
service in Vietnam.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The deceased members medical records indicate he received
medical attention in Saigon, Vietnam, and Bangkok, Thailand. Due
to his medical condition, he was transferred to Japan to continue
medical treatment. The deceased member was a crewmember in the
7th Aerial Port Squadron in 1962 and flew in Vietnam airspace,
which entitles him to the Vietnam Service Medal.
In support of his request, the applicant provides a personal
letter, copies of extracts from the deceased members medical
records, Certificate of Death, and the Armed Forces Expeditionary
and Vietnam Service Medals criterion.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The deceased member was honorably retired from the Air Force on
19 June 1963 in the grade of master sergeant. He served 25 years
and 1 day of total active service.
The AFEM is awarded to member of the United States Armed Forces
who, after 1 July 1958, have participated in a United States
military operation or encountered foreign-armed opposition, or
were in danger of hostile action by foreign armed forces. In
order to be eligible for award of the AFEM the member had to have
served on the ground in the areas of eligibility (AOE).
The VSM is awarded to all service members of the Armed Forces who
between 4 July 1965 and 28 March 1973, 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 for
30 consecutive days or 60 nonconsecutive days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states there is no
official documentation in the deceased members military record
that verifies he was deployed in any military operations that
would qualify him for award of the AFEM. In regards to the VSM,
DPSIDR was able to verify he served in Vietnam on or about
15 June 1962.
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 19 November 2010 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. After thoroughly
reviewing the evidence of record, we are not persuaded the
requested relief should be granted. We do not find the evidence
provided qualifies the deceased member for the awards requested.
Therefore, we agree with opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale as
the basis for our conclusion that the deceased member has not
been the victim of an error or injustice. Should the applicant
provide further evidence, we would be inclined to reconsider his
application. 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 Docket Number BC-
2010-02010 in Executive Session on 13 January 2011, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 10 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 19 Nov 10.
Panel Chair
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