RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00268
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Vietnam Service Medal (VSM).
________________________________________________________________
APPLICANT CONTENDS THAT:
He served in the war zone of Southeast Asia and did not receive the appropriate Vietnam service medals for his service.
In support of his request, the applicant provides an expanded statement and copies extracts from his military personnel records, including his DD Forms 214, Report of Separation from Active Duty, and various documents related to his assignment at Udorn Royal Air Force Base, Thailand during the matter under review.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 17 Mar 69 in the grade of airman basic (E-1) for a period of four years and was progressively promoted to the grade of staff sergeant (E-5), effective and with a date of rank of 1 Oct 72. On 11 Jun 76, the applicant was honorably discharged from the Air Force and was credited with 7 years, 2 months, and 25 days of total active service.
The VSM is awarded to members of the armed forces who, between 4 Jul 65 and 28 Mar 73, served in the Republic of Vietnam and the contiguous waters and airspace thereof; or Thailand, Laos, or Cambodia and the airspaces thereof; for 30 consecutive days or 60 nonconsecutive days. A bronze service star shall be worn as a device to denote service during approved campaign periods.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial, indicating there is no evidence of an error or injustice. The applicant served on active duty from 17 Mar 69 through 11 Jun 76. During that time, he served at Udorn Air Base, Thailand from 10 Aug 75 to 25 Aug 75 for 16 days. The applicant believes his service in Thailand qualifies for award of the VSM; however, he is ineligible for award of the VSM because his service took place outside the qualifying period of 4 Jul 65 though 28 Mar 73.
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 the applicant on 11 Jun 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. 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.
________________________________________________________________
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-2010-00268 in Executive Session on 5 Apr 11, under the provisions of AFI 36-2603:
Ms. XXXXXXXXXX, Panel Chair
Ms. XXXXXXXXXX, Member
Mr. XXXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 28 May 10.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.
XXXXXXXXXX
Panel Chair
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