RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01247
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He receive credit for his service in the Republic of Vietnam.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He served in Thailand and Vietnam; however, his orders and
record copies reflecting his service from 1966 through 1977 are
missing.
He entered the Air Force in 1966 and was discharged in 1970.
While stationed at Clark Air Base, PI, as a jet aircraft
mechanic, he was responsible for maintaining flight aid to every
base in Southeast Asia (SEA). He staged out flights from
several bases in Thailand and Vietnam, mostly out of Saigon and
Cameron Bay. He was on duty at Cameron Bay from 20 Jul
14 Aug 70. He believes his symptoms are a result of contact
with Agent Orange.
In support of his appeal, the applicant provides a personal
statement; a copy of his DD Form 214, Report of Transfer or
Discharge, issued in conjunction with his 28 Aug 70 discharge;
an extract of an airman performance report (APR); a statement
from a former servicemember, dated 21 Jul 09, with a copy of his
DD Form 214, and additional extracts from his Master Personnel
Record (MPR).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on 30 Aug 66,
for a period of four years. He was honorably discharged, on
28 Aug 70, with a reason for separation of early out for school.
He was credited with 3 years, 11 months, and 29 days of active
duty service, including 11 months and 20 days of foreign
service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial since the information provided and
the MPR did not contain information that reflects the applicant
served in Vietnam.
In addition, they noted that they were able to verify and
confirm boots on ground for foreign service at Clark AB,
Republic of the Philippines, from 9 Sep 69 28 Aug 70, for
11 months and 20 days. However, although the applicants APR
indicates deployments to SEA, it did not specifically reflect
the Republic of Vietnam.
The complete AFPC/DPAPP evaluation is at Exhibit C.
AFPC/DPSIDR recommends denial, stating, in part, after a
complete review of the applicants case and considering the
evidence, there was not enough evidence to substantiate that the
applicant was present in the Area of Eligibility (AOE) for the
30 consecutive days or 60 nonconsecutive days of temporary duty
(TDY) to qualify for the Vietnam Service Medal (VSM).
The VSM was 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, or in Thailand, Laos, or Cambodia or the
airspace thereof and in direct support of military operations in
Vietnam. The service member had to be attached to or regularly
serve for one or more days with an organization participating in
or directly supporting military operations, or serve on
temporary duty for 30 consecutive days or 60 non-consecutive
days in Vietnam or contiguous areas.
The applicant has supplied a letter from a former servicemember
attesting that he had two 18 day TDYs to Vietnam. His
performance report dated 5 August 1970 includes the statement
that the applicant had TDY deployments to Southeast Asia, but
does not mention Vietnam.
There is no official documentation corroborating the applicant's
claim. There is no proof the applicant had the 30 consecutive
or 60 non-consecutive days of TDY assignments required to
entitle him the VSM. Therefore, the applicant is not eligible
for award of the VSM. If the two alleged 18 day TDYs that the
former servicemember attests to are accepted, the applicant
would still need 24 days to meet the 60 day requirement for non-
consecutive TDYs.
The complete AFPC/DPSIDR evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 24 Jun 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
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 opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. Should the applicant be able to provide
additional evidence to substantiate his claim, e.g., a completed
travel voucher, we would be inclined to reconsider his appeal.
In view of the above and 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-2011-01247 in Executive Session on 22 September 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 7 Jun 11.
Exhibit D. Letter, AFPC/DPSIDR, dated 14 Jun 11.
Exhibit E. Letter, SAF/MRBR, dated 24 Jun 11.
Panel Chair
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