RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04635
COUNSEL: NO
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
1. He be entitled to the Vietnam Service Medal (VSM).
2. He be entitled to the Air Force Combat Action Medal (AFCAM).
3. He be entitled to the Republic of Vietnam Campaign Medal
(RVCM).
______________________________________________________________
APPLICANT CONTENDS THAT:
He and his unit were in direct support of sea operations during
and after the Vietnam conflict and were not recognized.
In support of his request, the applicant submits copies of his
DD Form 214, Report of Separation from Active Duty; AF Form 702, Individual Physiological Training Record; AF Form 1072, Medical
Recommendation for Flying Duty; AF Form 528, Geneva Convention
Identification Card; AF Form 1274, Physiological Training Card;
AF Form 973, Request and Authorization for Change of
Administrative Orders; Permanent Change of Station (PSC) orders,
Temporary Duty (TDY) orders, Special Orders, Aeronautical
Orders, a letter of appreciation, and AF Forms 910, TSgt, SSgt
and Sgt Performance Report.
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 26 May 1970 to 13 Mar 1974. He was assigned to the 376th
Organizational Maintenance Squadron (OMS), Kadena Air Base,
Okinawa, from 12 Mar 1972 to 26 Aug 1973.
The Vietnam Service Medal (VSM), created on 8 Jul 1965, is
awarded to all service members of the Armed Forces who, between
4 Jul 1965 and 28 Mar 1973, 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.
The RVCM is awarded to members of the Armed Forces of the United
States who: served for six months in South Vietnam during the
period 1 March 1961 and 28 March 1973; or served outside the
geographical limits of South Vietnam and contributed direct
combat support to the Republic of Vietnam (RVN) Armed Forces for
an aggregate of six months. Only members of the Armed Forces of
the United States who meet the criteria established for the
Armed Forces Expeditionary Medal or VSM during the period of
service required are considered to have contributed direct
combat support to the RVN Armed Forces.
On 15 Mar 2007, the Secretary of the Air Force (SECAF) approved
establishment of the AFCAM to recognize any military member of
the Air Force who actively participated in combat (ground or
air). An individual must have been under direct and hostile
fire while operating in unsecured space (outside the defended
perimeter), or physically engaging hostile forces with direct
and lethal fire. The AFCAM may be awarded for qualifying
service from 11 Sep 2001 to a date to be determined.
Retroactive awards prior to 11 Sep 2001 are not authorized.
______________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAPP recommends denial of his request for service time
in Vietnam. DPAPP states a review of the applicants master
personnel records and documentation submitted failed to provide
any documents that substantiated foreign service time in
Vietnam.
The complete DPAPP evaluation is at Exhibit B.
HQ AFPC/DPSIDR recommends denial of his request for entitlement
to the VSM and the RVCM. DPSIDR states there is no evidence the
applicant served in the Area of Operation for 30 consecutive or
60 non-consecutive days.
DPSIDR verified the applicant is entitled to the Air Force
Outstanding Unit Award with V device and one Oak Leaf Cluster
(OLC) and the Republic of Vietnam Gallantry Cross (RVNGC) with
Palm for his service with the 376th OMS, Kadena Air Base,
Okinawa, from 12 March 1972 to 26 August 1973. The applicants
record will be updated by another office accordingly.
The applicant provided travel orders that indicated he was to
make 24 round trips monthly from Kadena Air Base, Okinawa to U-
Tapao Air Base Thailand. However, there are no travel vouchers
or other official documentation verifying the travel actually
took place. In any event, the order was for the period 17 April
1972 to 31 June 1972, a period of 2.5 months. If the travel
actually took place, it is unclear whether it would reach the 60
non-consecutive days required for the VSM.
DPSIDR was unable to locate any official documentation verifying
the applicant provided direct support to the RVN Armed Forces
for an aggregate of six months; with the possible exception of
the flights into U-Tapao noted above, should it be determined
those trips actually took place. Therefore, the applicant is
ineligible for award of the RVCM.
The applicant was released from active duty on 13 March 1974,
before the effective date of the award of the AFCAM, and is
therefore ineligible for the award. The applicants request for
recognition for his unit is appropriately addressed by the RVNGC
with Palm and the AFOUA with V device and one OLC as noted
above.
The complete DPSIDR evaluation is at Exhibit C.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 Feb 2012, 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 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 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 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 31 May 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-04635:
Exhibit A. DD Form 149, dated 14 Nov 2011, w/atchs.
Exhibit B. Letter, AFPC/DPAPP, dated 9 Jan 2012.
Exhibit C. Letter, AFPC/DPSIDR, dated 23 Jan 2012.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 2012.
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