RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03747
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, be
corrected to reflect:
a. His service in Vietnam, Guam, and the Philippines (administratively corrected).
b. Award of the Bronze Star Medal with Valor (BSM w/V), the
Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal
(RVCM), and the Philippine Defense Medal (PDM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214 does not reflect all of his awards and service in
Republic of Vietnam, Guam, and the Philippines. The evidence will
show that he had boots on ground in Vietnam and was awarded the
BSM w/V.
In support of his request, the applicant provides an expanded
statement and copies of documents extracted from his military
personnel records, which include his DD Form 214, an Airman
Performance Report, and his BSM w/V certificate and accompanying
citation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants records reflect he served on active duty from
4 Jan 72 until his release from active duty on 6 Aug 75.
The BSM w/V is awarded to a person in any branch of the military
service who, while serving in any capacity with the Armed Forces
of the United States on or after 7 Dec 41, shall have
distinguished themselves by heroic or meritorious achievement or
service, not involving participation in aerial flight, in
connection with military operations against an enemy.
The VSM is awarded to service members of the Armed Forces who
served at any time between 4 Jul 65 and 28 Mar 73, in Vietnam,
its contiguous waters, or airspace thereover; or in Thailand,
Laos, or Cambodia, or the airspaces thereover. To be eligible, a
service member must be: (1) attached or regularly serving for
one, or more, days with an organization participating in or
directly supporting ground (military) operations, (2) attached to
or regularly serving for one, or more, days aboard a naval vessel
directly supporting military operations, (3) actually participate
as a crew member in one or more aerial flights directly
supporting military operations, or (4) serve on temporary duty
for 30 consecutive days or 60 nonconsecutive days, time
limitations which may be waived for personnel participating in
actual combat operations.
The RVCM is awarded to members of the US armed forces who, during
the period 1 Mar 61 through 28 Mar 73, served for six months in
South Vietnam, or served outside the geographical limits of South
Vietnam and contributed direct combat support to the RVN Armed
Forces for an aggregate of six months. Only those who meet the
criteria established for the Armed Forces Expeditionary Medal
(AFEM) (Vietnam) or the VSM during the period of service are
considered to have contributed direct combat support the RVN Armed
Forces.
The PDM is awarded for combat service in the defense of the
Philippines from 8 Dec 41 to 15 Jun 42.
On 10 Nov 11, APFC/DPAPP notified the applicant that his boots on
ground service in Guam, Philippines, and Vietnam had been verified
and that his foreign service is accurately reflected on his DD
Form 214.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial noting although the applicant
provided the certificate and citation for the BSM w/V, there were
no special orders provided or located to verify the applicant was
submitted for or awarded the BSM w/V. As for his requests related
to the VSM and the RVCM, while the Directorate of Personnel
Assignments was able to verify the applicants service in Vietnam
for a total of three days, he is ineligible for award of the VSM
or RVCM. As for his request related to the PDM, while the
applicant served at Clark Air Base, Philippines from 12 Sep 74
though 5 Aug 75, such service was well outside the inclusive dates
(8 Dec 41 to 15 Jun 42) for the PDM.
The complete 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 22 Dec 11, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 with respect to
the Vietnam Service Medal (VSM), Republic of Vietnam Campaign
Medal (RVCM), and Philippine Defense Medal (PDM). 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 that the applicant has
not been the victim of an error or injustice. Notwithstanding the
above, sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice with respect to
the Bronze Star Medal with Valor (BSM w/V). We note the comments
of the Air Force OPR indicating that without official special
orders, they are unable to verify the applicants entitlement to
the BSM w/V. Nevertheless, we are convinced by a preponderance of
the evidence of the applicants entitlement to the requested
decoration. In this respect, we note the applicant has provided a
copy of the certificate and accompanying citation with the
impressed official seal which is an indicator that the medal was
approved and processed for disposition. Therefore, we believe it
appropriate to resolve any doubt in his favor and recommend his
records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that he was awarded
the Bronze Star Medal with V Device for heroism for the period
8 Apr 75 through 10 Apr 75.
__________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2011-03747 in Executive Session on 15 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 4 Oct 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 15 Dec 11.
Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11.
Panel Chair
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