RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
_________________________________________________________________
DOCKET NUMBER: BC-2012-02038
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge be corrected to reflect the following:
a) Vietnam Service Medal (VSM).
b) Armed Forces Expeditionary Medal (AFEM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He served as an aircrew member aboard a C-141 that landed in
South Vietnam and Thailand and flew over the airspaces of
Vietnam, Thailand, Laos and Cambodia between 1970 and 1972, in
direct support of military operations in Vietnam.
2. Between 16 to 17 Mar 1972, he served as an aircrew member
aboard a C-141 that landed in and flew over the airspace of
Korea.
In support of his request, the applicant provides copies of his
MAC Form 41, Flight Authorization; MAC Forms 21-1, Proficiency
Training and Progress Record; ARPC Form 271, Reserve Order, and
AFRES Form 116, Request and Authorization for Discharge and
Enlistment/Reenlistment of Air Force Reserve Airman.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 Jan 1966, the applicant enlisted in the Regular Air Force.
On 20 Jul 2012, AFPC/DPAPP notified the applicant they were able
to verify he served in the Republic of Vietnam, from 22 May 1972
to 26 May 1972 for five days.
In addition, DPAPP informed the applicant that specific
locations are not reflected on the member’s DD Form 214.
The AFEM is awarded to members of the United States Armed Forces,
who, after 1 Jul 1958, participated in United States Military
operations, United States operations in direct support of the
United Nations, or United States operations of assistance for
friendly foreign nations. Service members must have been
permanently assigned, attached, or detailed to a unit that
participated in or engaged in direct support of the operation for
30 consecutive days in a designated area of eligibility in a
foreign territory (or for the full period when an operation is
less than 30 days duration) or 60 non-consecutive days provided
the support involved entering the area of eligibility.
The AFEM is awarded for service in Korea during the period
1 Oct 1966 to 20 Jun 1974.
The VSM is awarded to all members of the United States Armed
Forces serving at any time between 4 Jul 1965 and 28 Mar 1973, in
the area of eligibility. The area of eligibility is defined as:
Vietnam, its contiguous waters, or the airspaces there-over, and
in direct support of operations in Vietnam. To be eligible, a
service member must have served temporary duty for 30 consecutive
days or 60 non-consecutive days. These time limitations may be
waived for personnel who participated in actual combat
operations. A bronze star denotes campaign participation and is
awarded for at least one day in each campaign phase.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states there is
insufficient documentation in the applicant’s official military
personnel record verifying he served in the area of eligibility
for 30 consecutive or 60 non-consecutive days during the
inclusive period for which the VSM is authorized.
In addition, the applicant served in Korea for one day and
therefore does not meet the basic award criteria for the AFEM as
he did not serve for 30 consecutive or 60 non-consecutive days.
The complete DPSID evaluation is at Exhibit C.
_________________________________________________________________
2
REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 Sep 2012 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
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 Air Force office of primary
responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. Therefore, in the absence of the evidence
to the contrary, we find no basis to recommend granting further
relief in this case.
4. The applicant’s case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 Docket Number
BC-2012-02038 in Executive Session on 29 Nov 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
3
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02038 was considered:
Exhibit A. DD Form 149, dated 4 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 4 Sep 12.
Exhibit D. Letter, SAF/MRBR, dated 11 Sep 12.
Panel Chair
4
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