RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03541
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect entitlement to the:
1. Vietnam Service Medal (VSM).
2. Republic of Vietnam Campaign Medal (RVCM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is filing for benefits with the Department of Veterans
Affairs (DVA) for a medical condition due to exposure to Agent
Orange herbicides.
In support of his request, the applicant provides copies of
extracts from his master personnel records and a photo of his
decorations.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The available records reflect the applicant entered the Regular
Air Force on 29 Dec 72 and was honorably discharged on 29 May
79. He is credited with six years, five months, and one day of
active service and seven months and nine days of Foreign
Service.
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 Southwest Asia: in Vietnam and the contiguous waters
and airspace; in Thailand, Laos or Cambodia or the airspace
thereof, and in direct support of military operations in
Vietnam.
The RVCM 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 and 28 Mar 73; or served outside the
geographical limits of South Vietnam and contributed direct
combat support to the RVN Armed Forces for an aggregate of six
months.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states the Directorate
of Assignments (HQ AFPC/DPAPP) was only able to verify the
applicant being at Tan Son Nhut Air Base, Republic of Vietnam,
on 22 Mar 75. DPSOS states no official documentation was
located or provided to help verify additional Foreign Service
credit in Vietnam.
The complete HQ AFPC/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 10 Dec 10 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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 the relief sought in this application.
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 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-2010-03541 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 21 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 29 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10.
Panel Chair
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