RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03067
COUNSEL: NO
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His military service record be corrected to reflect the time
he served in Vietnam.
2. He be given award entitlements for his service in Vietnam.
________________________________________________________________
APPLICANT CONTENDS THAT:
He served temporary duty (TDY) in Tan Son Nhut AB, Republic of
Vietnam for 70 days.
He has been continually submitting his appeal to change his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, since 05.
The Department of Veterans Affairs (DVA) denied his claim of
post-traumatic stress disorder and exposure to herbicides. The
DVA stated the evidence of record showed he served in the
Republic of Vietnam during the Vietnam Era, therefore, exposure
to herbicides is conceded.
In support of his request, the applicant provides copies of AF
Form 626, Temporary Duty Order Military, a personal statement,
his DD Form 214, and his DVA Rating Decision.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Regular Air Force
from 17 Mar 61 to 6 Mar 65 and from 30 Aug 65 to 26 Sep 66.
His DD Form 214 reflects a total of 5 years and 27 days of total
active service with 5 months and 18 days of Foreign Service.
The Vietnam Service Medal (VSM), created on 8 Jul 65, 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 there over in the direct
support of military operations in Vietnam. The specific
eligibility criteria requires a member to be either:
Attached to or regularly serving for one, or more, days
with an organization participating in or directly supporting
ground (military) operations,
Attached to or regularly serving for one, or more, days
aboard a naval vessel directly supporting military operations,
Actually participate as a crew member in one or more aerial
flights directly supporting military operations, or
Serve on temporary duty for 30 consecutive days or 60
nonconsecutive days, which may be waived for personnel
participating in actual combat operations.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAPP recommends denial of his request for service in
Vietnam. DPAPP states they could not verify any time served
in Vietnam; however, they did confirm boots on the ground
foreign service at Mactan Air Base, Republic of the
Philippines, from 8 Feb 66 to 25 Jul 66.
The complete DPAPP evaluation is at Exhibit C.
HQ AFPC/DPSIDR recommends denial of his request for entitlement
to the VSM. DPSIDR states the applicant was awarded the
National Defense Service Medal (NDSM) for honorable active
military service during the Vietnam era of 1 Jan 61 through
14 Aug 74. No additional entitlements could be validated for
the applicants foreign service.
The complete DPSIDR evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 Dec 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (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 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. While the applicant
provides TDY orders for 70 days to Vietnam, we find no evidence
that he ever completed the TDY. 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 this application
in Executive Session on 16 Feb 12, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-03067:
Exhibit A. DD Form 149, dated 18 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPAPP dated 8 Nov 11.
Exhibit D. Letter, HQ AFPC/DPSIDR, dated 6 Dec 11.
Exhibit E. Letter, SAF/MRBR, dated 16 Dec 11.
Panel Chair
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