RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-01169
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service records be corrected to reflect award of the Vietnam
Service Medal (VSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served in Vietnam in 1974 to 1975 in support of war in
Vietnam.
In support of his request, the applicant provides a copy of his
DD Form 214, Report of Separation from Active Duty.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s DD Form 214 reflects he served on active duty
from 2 Apr 73 to 1 Apr 77, which includes 11 months and 28 days
of foreign service.
The AF Form 909, Airman Performance Report, for the period
29 Jul 74 through 28 Jul 75, reflects he was assigned to the
635th Security Police Squadron, U-Tapsco Airfield, Thailand.
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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial noting the applicant's does not
meet the eligibility criteria for award of the VSM because his
dates of service in Thailand are after the eligibility period for
award.
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 applicant on
24 May 12 for review and comment within 30 days. As of this
date, no response has been received by this office (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. After careful
consideration of applicant's request and the available evidence
of record, we find insufficient evidence of error or injustice to
warrant corrective action. The facts and opinions stated in the
advisory opinion appear to be based on the evidence of record and
have not been adequately rebutted by applicant. Absent
persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
_________________________________________________________________
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
2
Chair
Member
Member
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01169 in Executive Session on 28 Sep 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Mar 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 9 Mar 12.
Exhibit D. Letter, SAF/MRBR, dated 24 May 12.
Chair
3
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