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AF | BCMR | CY2012 | BC-2012-02467
Original file (BC-2012-02467.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02467

				COUNSEL:  NONE

				HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be 
corrected to reflect he was awarded the Vietnam Service Medal 
(VSM) and the Republic of Vietnam Campaign Medal (RVCM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was on temporary duty (TDY) to Korat, Thailand and was assigned 
to Udorn Royal Thai Air Base (RTAB), Thailand during the Vietnam 
Conflict.  Also, he knows other veterans who served in Thailand 
during the same time period and were not in-country; yet, they 
received both medals.

The applicant's complete submission, with attachments, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

 The applicant’s records reflect he commenced his active duty 
service on 7 Sep 71.

The applicant's performance report for the period ending 
21 Feb 73, indicates he was TDY to Korat, Thailand.

The applicant’s performance report for the period ending 30 Mar 
75 reflects he was assigned to Udorn RTAFB, Thailand.

On 11 Jun 75, the applicant was released from active duty and 
credited with 3 years, 9 months, and 5 days of total active 
service, 6 months and 23 days of which was foreign service.

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 RVCM is awarded to members of the US armed forces who, 
during the period 1 Mar 61 through 28 Mar 73, served for six 
months in South Vietnam, or served outside the geographical 
limits of South Vietnam, and contributed direct combat support 
to the Republic of Vietnam (RVN) Armed Forces for an aggregate 
of six months.  Only those who meet the criteria established for 
the Armed Forces Expeditionary Medal (AFEM) (Vietnam) or the VSM 
during the period of service are considered to have contributed 
direct combat support the RVN Armed Forces.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating there is no evidence of 
an error or injustice.  Although the applicant’s performance 
report for the period of 10 Apr 72 to 21 Feb 73 states he was 
deployed TDY to Korat, Thailand, it does not indicate the length 
of the TDY.  Furthermore, his performance report for the 
inclusive period 1 Oct 74 to 30 Mar 75, reflects he was assigned 
to Udorn RTAFB, Thailand; however, this time-frame is outside of 
the closeout period for award of the VSM and RVCM.  The 
applicant does not meet the award criteria for the VSM or RVCM 
for the time-period in question.  There was no official 
documentation located in his military personnel record verifying 
he served in Thailand for 30 consecutive or 60 nonconsecutive 
days during the inclusive period for the VSM.  Also, there is no 
official documentation verifying he served in Thailand for an 
aggregate of 6 months for award of the RVCM.  There is no 
evidence in the applicant’s records which indicates he was 
eligible or met the criteria for award of the VSM or RVCM.

The complete AFPC/DPSID evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Upon review of his actual service dates and time requirements he 
understands he does not qualify for award of the RVCM, however, 
he qualifies for award of the VSM.  He was sent TDY to Korat 
from 13 Oct 72 to on or about 7 Apr 73 in support of the Vietnam 
War effort.  This TDY was not to exceed 179 days because 
anything over that time period would be considered a permanent 
change of station (PCS) move.  In support of his responses, the 
applicant provides a copy of a 1973 calendar where he was 
counting every day leading up to his return home to his wife and 
daughter.  

_________________________________________________________________
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 an error or injustice.  We took 
notice of the applicant's complete submission, including his 
rebuttal response, 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 the applicant has not been the 
victim 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-2012-02467 in Executive Session on 28 Feb 13 and 
14 Mar 13, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Forms 149, dated 28 May 12, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 7 Aug 12.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Aug 12.
    Exhibit E.  Letters, Applicant, dated 2 Sep 12 and 26 Oct 12.




                               
                               Panel Chair


6




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