RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-01167
IN THE MATTER OF:
COUNSEL: NONE
(DECEASED)
HEARING DESIRED: NOT INDICATED
(APPLICANT)
_________________________________________________________________
APPLICANT REQUESTS THAT:
His father’s records be corrected to reflect:
1. He served in Vietnam.
2. He was awarded the Vietnam Service Medal (VSM) and the
National Defense Service Medal (NDSM) (administratively
resolved).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His father’s Vietnam service needs to be established in order for
his father to receive the bronze burial marker.
In support of his appeal, the applicant provides copies of his
father’s DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, and death certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The deceased service member’s records reflect he contracted his
initial enlistment in the Regular Air Force on 28 Dec 51.
The service member’s AF Form 7, Airman Military Record reflects
he had foreign service in England from 5 Jun 52 through
27 Jun 52.
The service member’s DD Form 214, dated 8 Dec 55, reflects he
received the NDSM; his NGB Form 22, Report of Separation and
Record Service, dated 28 Jun 85, also reflects he received the
NDSM; and was honorable discharged and transferred to the Retired
Reserve List and credited with 33 years, 6 months and 1 day of
service.
The VSM is awarded to all service members of the U. S. Armed
Forces serving at any time between 4 Jul 65 and 28 Mar 73, in the
area of eligibility (AOE). The AOE is defined as: Vietnam, its
contiguous waters, or the airspaces there over; in Thailand,
Laos, or Cambodia, their contiguous waters, or the airspaces
there-over, and in direct support of operations in Vietnam. To
be eligible, a service member must have served on temporary duty
(TDY) for 30 consecutive or 60 non-consecutive days. These time
limitations may be waived for personnel who participated in
actual combat operations. A bronze service star denotes campaign
participation and is awarded for at least 1 day served in each
campaign phase.
The Armed Forces Expeditionary Medal (AFEM) was awarded to
service members of the U. S. Armed Forces who, after 1 Jul 58,
participated in U.S. Military operations, U.S. operations in
direct support of the United Nations (UN), or U. S. operations of
assistance for friendly foreign nations. Executive Order 11231
authorizes Service members who earned the AFEM for service in
Vietnam between 1 Jul 58 and 4 Jul 65, to elect to receive the
VSM instead of the AFEM. However, no service member may be issued
both medals for service in Vietnam.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial noting a review of the service
member’s personnel records and documentation submitted failed to
substantiate foreign service time in Vietnam.
The complete AFPC/DPAPP evaluation is at Exhibit C.
AFPC/DPSID recommends denial noting there is no evidence in the
service member’s official records to support he served in the AOE
for award of the VSM. To grant relief would be an injustice to
all other airman who were awarded the VSM and met the eligibility
criteria. However, after a thorough review of the service
member's official personnel record, entitlement to the NDSM with
one Bronze Service Star (NDSM w/1 BSS) was verified. The service
member’s records will be updated accordingly.
The complete AFPC/DPSID evaluation, with attachment, is at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 28 Aug 12, for review and comment within 30 days
2
(Exhibit E). 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. After a
thorough review of the applicant’s submission and the evidence of
record we found it insufficient to conclude that the service
member served or was stationed in Vietnam. In addition, there
was no documentation located or submitted that supports the
service member was eligible for award of the Vietnam Service
Medal. Therefore, we agree with the opinions and recommendations
of the Air Force offices of primary responsibility and adopt
their rationale as the basis for our decision the applicant has
failed to sustain his burden of proof of the existence of an
error or injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend any corrections to the
record beyond that which will be administratively resolved.
_________________________________________________________________
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-2012-01167 in Executive Session on 4 Dec 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
3
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01167 was considered:
Exhibit A. DD Forms 149, dated 26 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 12 Jul 12.
Exhibit D. Letter, AFPC/DPSID, dated 11 Aug 12, w/atch.
Exhibit E. Letter, SAF/MRBR, dated 28 Aug 12.
Panel Chair
4
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