RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04728
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Vietnam Service Medal (VSM).
________________________________________________________________
APPLICANT CONTENDS THAT:
During his service, he performed temporary duty (TDY) at Clark
AB, Philippines. During this TDY, he was assigned as a crew
member onboard a C-130B aircraft for a mission to Da Nang AB,
Republic of Vietnam which took place on 17 Oct 65. After his
discharge in 1965, he received a letter awarding him the VSM for
the 17 Oct 65 mission; however, his DD Form 214, Armed Forces of
the United States Report of Transfer or Discharge, was never
updated.
In support of his request, the applicant provides an expanded
statement and copies of his DD Form 214, Special Orders
pertaining to his TDY in 1965, DD Form 1351-2, Travel Voucher or
Subvoucher, and correspondence from the National Personnel
Records Center.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant fact pertaining to this application, extracted from
the applicants military personnel records, are described in the
letter prepared by the Air Force office of primary
responsibility (OPR), which is attached at Exhibit C.
Therefore, there is no need to recite these facts in this Record
of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial, indicating there is no evidence
of an error or injustice. The applicant served on active duty
as an aircraft radio repairman from 3 Jan 62 through 30 Dec 65.
During this period, he went TDY to Clark AB, Philippines from
15 Sep 65 through 4 Dec 65. While TDY to Clark AB, he traveled
through DaNang AB, Republic of Vietnam for a couple of hours on
17 Oct 65. Even so, the applicant is not eligible for the VSM.
The VSM was created by Executive Order 11213. It is awarded to
all service members of the Armed Forces, who between 4 Jul 65
and 28 Mar 73, served in certain locations in the designated
area of operations in and around Southeast Asia. A service
member must have served at least 30 consecutive days, or
60 nonconsecutive days, in the AOR in order to qualify for the
VSM. Since the applicant was only in the designated AOR for a
matter of hours, he is not eligible for award of the VSM.
A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
4 Mar 11 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 forgive the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After
careful consideration of applicant's request and the available
evidence of record, we find insufficient evidence of error or
injustice to warrant corrective action. The facts and opinions
stated in the advisory opinions appear to be based on the
evidence of record and have not been rebutted by the applicant.
Absent persuasive evidence the applicant was denied rights to
which he was entitled, appropriate regulations were not
followed, or appropriate standards were not applied, we find no
basis to disturb the existing record.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-04728 in Executive Session on 25 Aug 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 15 Feb 11.
Exhibit D. Letter, SAF/MRBR, dated 4 Mar 11.
Panel Chair
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