AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01950
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 add the Vietnam Service
Medal (VSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He needs his records updated in order to be compensated by the
Department of Veterans Affairs (DVA) for Agent Orange exposure.
In support of his request, the applicant provides a letter from
the Veterans Service Commission office and a copy of DD Form 214.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force for 4 years. He
received an honorable discharge on 7 Jan 70. His DD Form 214
reflects he completed 11 months and 9 days of foreign service.
The VSM is awarded to all service members of the Armed Forces who
between 4 Jul 65 and 28 Mar 73, served in the following areas of
Southeast Asia: in Vietnam and the contiguous waters and
airspace; in Thailand, Laos, or Cambodia or the airspace thereof
and in direct support of military operations in Vietnam. A
service member must have served on TDY for 30 consecutive days or
60 nonconsecutive days to be eligible for award of the VSM.
Those time limitations may be waived for personnel participating
in actual combat operations.
AFPC/DPSID administratively corrected the applicant’s records to
reflect award of the Air Force Outstanding Unit Award (AFOUA) and
the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are at Exhibit B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial stating the applicant’s master
personnel records did not contain any information that reflects
he served in Vietnam.
The complete DPAPP evaluation is at Exhibit B.
AFPC/DPSID recommends denial stating they were unable to find any
evidence that the applicant served in the area of operations or
served in the AOE for the required period of time.
The complete DPSID evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
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. As
of this date, this office has received no response.
_________________________________________________________________
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 that relief beyond that
already granted administratively is not warranted. Nevertheless,
if the applicant is able to provide any source documents, (i.e.,
travel vouchers, evaluation reports, letters of evaluation,
decorations, witness statements, sworn affidavit, etc.) to verify
his service in Vietnam, the Board would reconsider his request.
However, 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 AFBCMR Docket
Number BC-2012-01950 in Executive Session on 14 Nov 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 12, w/atchs.
Exhibit B. Letter, AFPC/DPAPP, dated 14 Jun 12.
Exhibit C. Letter, AFPC/DPSID, dated 11 Aug 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 28 Aug 12.
Panel Chair
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