RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00372
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His DD Form 214, Report of Separation from Active Duty be
corrected to reflect his Foreign Service. (Will be
administratively corrected)
2. His records be corrected to reflect entitlement to the
Vietnam Service Medal (VSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
During an overseas flight, he landed in Vietnam and was exposed
to Agent Orange.
He did not realize his Foreign Service was not listed on his DD
Form 214 until he applied for employment with the Department of
Veterans Affairs (DVA).
In support of his request, the applicant provides copies of his
DD Form 214, a DVA rating decision, and a letter from the James
H. Quillen VA Medical Center.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Air Force from 27 Jan
70 to 25 Jan 74. His DD Form 214 reflects a total 4 years,
1 month, and 10 days of total active service; however, does not
reflect any 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 Southeast Asia: in Vietnam and the contiguous waters and
airspace; in Thailand, Laos or Cambodia or the airspace thereof
for 30 consecutive or 60 nonconsecutive days and in direct
support of military operations in Vietnam.
AFPC/DPAPP was able to verify the following overseas service and
his DD Form 214 will be administratively corrected to reflect
25 days of Foreign Service.
25 Dec 71 1 Jan 72; Hawaii, Johnson Atoll, Wake Island,
Philippines, Vietnam, and Japan
10 Jan 17 Jan 72; Hawaii, Wake Island, Philippines, Japan,
Korea
13 Oct 19 Oct 71; Hawaii, Wake Island, Guam, Philippines,
Thailand, and Guam
14 -15 Nov 71; Germany
Based on the above information, DPAPP confirmed the applicants
presence in Vietnam, and provided the applicant with a letter he
could use as proof of boots on the ground in Vietnam for any
organization that requires it.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial for award of the VSM. DPSIDR
states that DPAPP was unable to verify the applicant served 30
consecutive or 60 nonconsecutive days in the AOE, rendering him
ineligible for award of the VSM.
The complete DPSIDR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 Apr 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (Exhibit C).
_________________________________________________________________
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 regarding the
applicants request for the VSM. While it has been verified the
applicant served in Vietnam, it could not be verified that he
served the amount of time that would entitle him to the VSM. As
such, 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 that the applicant has not been the
victim of an error or injustice regarding this issue. Therefore,
aside from the administrative correction noted above, we find no
basis to recommend further relief in this case.
_________________________________________________________________
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-2011-00373 in Executive Session on 9 Jun 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jan 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIDR, dated 31 Mar 11.
Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11.
Panel Chair
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