AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01284
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, be corrected to reflect he was awarded the
Vietnam Service Medal (VSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While on active duty he ferried C-130 aircraft from the Lockbourne
AFB, Ohio to Vietnam from Jun 66 through Aug 66.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The VSM is awarded to all 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 airspace 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 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 applicant’s records reflect he served on active duty from
9 Jul 63 to 7 Jul 67.
The applicant's performance report for the period ending
27 Nov 66, indicates he flew for six weeks in Panama on Operation
GREENLEAF. The report further indicates the applicant flew many
logistical and tactical missions in the United States.
The applicant’s AF Form 7, Airman Military Record, Foreign
Service Summary reflects he was on temporary duty (TDY) on three
separate occasions, the first for 43 days, the second for 9 days
and the third for 7 days. However, the locations of the TDYs
were not listed.
The applicant’s DD Form 214 dated 7 Jul 67 reflects he had
3 months and 15 days of foreign service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states a review of the
applicant’s master personnel records and the documentation he
provided do not substantiate he had foreign service time in
Vietnam.
The complete AFPC/DPAPP evaluation is at Exhibit C.
AFPC/DPSIDR recommends denial. There was no evidence located in
the applicant’s submission or his official military personnel
record to support he served in the AOE for the required period of
time for award of the VSM. Although his records indicate he was
TDY, the locations of the temporary duty are not provided;
however, his TDY for 43 days coincides with the TDY to Panama,
mentioned in his performance report closing Nov 66. However, the
remaining TDY's are not 30 consecutive days or more; therefore,
had he traveled to the AOE for which award of the VSM is
applicable, the number of days served on the remaining TDYs do
not qualify him for award of the VSM.
The complete AFPC/DPSIDR evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 26 Jul 12, 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 error or injustice. After a thorough
review of the applicant’s submission and the evidence of record we
found it insufficient to conclude that he served or was stationed
in Vietnam. Therefore, we agree with the opinion and
2
recommendation of the Air Force offices of primary responsibility
and adopt their rationale as the basis for our decision that 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 granting
the relief sought in this application.
_________________________________________________________________
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-2012-01284 in Executive Session on 4 Dec 12 under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 3 Mar 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 1 Jun 12.
Exhibit D. Letter, AFPC/DPSID, dated 2 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 26 Jul 12.
Panel Chair
Panel Chair
Member
Member
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