Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-02038
Original file (BC-2012-02038.pdf) Auto-classification: Denied
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



Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-03890

    Original file (BC-2012-03890.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03890 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he was awarded the following: a. Vietnam Service Medal (VSM). ________________________________________________________________ APPLICANT CONTENDS THAT: He served in Guam with the 3960th Strategic Wing for 176...

  • AF | BCMR | CY2013 | BC-2012-03274

    Original file (BC-2012-03274.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03274 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect entitlement to the Vietnam Service Medal (VSM). _________________________________________________________________ THE BOARD RECOMMENDS...

  • AF | BCMR | CY2010 | BC 2010 03206

    Original file (BC 2010 03206.txt) Auto-classification: Denied

    His records be corrected to reflect his service in Vietnam and Thailand. 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 following members of the Board considered AFBCMR BC-2010- 03206 in Executive Session on 14 Feb 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary...

  • AF | BCMR | CY2013 | BC 2013 04259

    Original file (BC 2013 04259.txt) Auto-classification: Denied

    DPSID is unable to determine the dates and locations for the applicant's TDY to Vietnam; therefore, the applicant is ineligible for award of the AFEM, VSM, or the VCM during the award inclusive periods. THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Vietnam Service Medal. The following documentary evidence pertaining to AFBCMR BC-2013- 04259 was considered: Exhibit A. DD Form...

  • AF | BCMR | CY2013 | BC-2012-02870

    Original file (BC-2012-02870.txt) Auto-classification: Denied

    However, the DVA denied his claim because he could not provide a copy of his TDY orders or any official verification that he ever deployed to Thailand during the Vietnam War. The complete DPSID evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 Oct 12, by letter, the applicant reiterates his original contentions. _________________________________________________________________ The following...

  • AF | BCMR | CY2011 | BC-2011-01861

    Original file (BC-2011-01861.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01861 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, reflect award of the Vietnam Service Medal (VSM). In support of his request, the applicant submits copies of flight records, personal flight log records and documents extracted from his military...

  • AF | BCMR | CY2013 | BC 2013 02610

    Original file (BC 2013 02610.txt) Auto-classification: Denied

    _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s requests for the VSM, RVGC w/P, PUC, VCM, KSM, NATO Medal, Cold War Medal, AFOR-L and AFOR-S. DPSID was unable to locate any documentation in the applicant’s records verifying he served in Vietnam or an area of eligibility for award of the VSM, RVGC w/P or VCM. In regards to the list of medals and unit awards, he was seeking help in finding out whether any...

  • AF | BCMR | CY2012 | BC-2012-04386

    Original file (BC-2012-04386.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice. The applicant provided a copy of his Individual Flight Record with entries from 10 Feb 75 to 9 Apr 75. After a thorough...

  • AF | BCMR | CY2013 | BC 2012 05422

    Original file (BC 2012 05422.txt) Auto-classification: Denied

    ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial, stating, in part, that the applicant did not serve in the area of eligibility for 30 consecutive days or 60 non-consecutive days. Unfortunately it cannot be determined whether the applicant meets the eligible criteria for award of the VSM. We took notice of the applicant's complete submission in judging the merits of the case; however, based on a review of the available...

  • AF | BCMR | CY2013 | BC 2013 01843

    Original file (BC 2013 01843.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01843 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected as follows: a. A though review of the applicant’s official military personnel records indicated there is no official documentation verifying the applicant...