RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02704
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 show entitlement to the
Vietnam Service Medal (VSM) and any other awards or decorations
he may be entitled.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His temporary duty (TDY) missions were classified so they were
not discussed openly. His eligibility may have also been
overlooked by administrative personnel during out processing.
In support of his request, the applicant provides copies of his
DD Form 214, TDY orders, performance reports, and various other
documents in support of his appeal.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Regular Air Force from
12 Jul 66 to 10 Jul 70.
In accordance with Department of Defense Manual (DoDM) 1348.33,
the VSM is awarded to all members of the United States Armed
Forces serving at anytime between 4 Jul 65 and 28 Mar 73, in the
area of eligibility (AOE). The AOE is defined as: Vietnam, its
contiguous waters or the airspaces there-over; in Thailand, Laos,
or Cambodia, their contiguous waters, or the airspaces there-
over, and in direct support of military operations in Vietnam. A
service member must have served on temporary duty for
30 consecutive or 60 nonconsecutive days to be eligible for award
of the VSM. These time limitations may be waived for personnel
participating in actual combat operations. A bronze star denotes
campaign participation and is awarded for at least 1 day in each
campaign phase.
The applicants performance reports covering 12 Jul 67 to 13 May
68, and 14 May 68 to 25 Jan 69, states that he participated in
the Joint Chiefs of Staff project College Eye as well as
participated in 36 combat missions in Southeast Asia which were
of a classified nature; therefore, an exact location was not
provided.
DPSID verified the applicants entitlement to the Air Force
Longevity Service Award, Air Force Good Conduct Medal, and the
Vietnam Gallantry Cross with Palm (RVGP w/P), and his DD Form
214 will be corrected to reflect these medals.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSID recommends denial. DPSID states that there is insufficient
evidence in the applicants official military personnel record to
support he served in the AOE for award of the VSM.
According to DPSID, the applicant served with the 964th Airborne
Early Warning and Control Squadron (AEWCS) and therefore is
qualified for award of the RVGC w/P for the period of 1 Apr 66 to
28 Jan 73. This implies the applicants unit provided combat
support to military operations in the AOE for award of the VSM.
However, no documentation could be found to show that he served
in the AOE or met the time requirements for award of the VSM.
DPSID further states that the applicants DD Form 214 reflects
award of the Armed Forces Expeditionary Medal (AFEM); however,
without the locations of the TDYs performed, they are unable to
determine why the applicant was awarded the AFEM.
The complete DPSID evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the VSM is awarded to all members of the
United States Armed Forces serving at any time between 4 Jul
65 and 28 Mar 73, in the AOE. The TDY orders dated 13 Nov 67 and
23 Oct 68 establish his participation with the 964th AEWCS,
Project College Eye, during the dates of eligibility.
Also, to be eligible for the VSM, a service member must have
served on TDY for 30 consecutive days or 60 nonconsecutive days.
These time limitations may be waived for personnel who
participated in actual combat operations. His performance
reports and Special Orders awarding the Air Medals, clearly
establishes that he participated in actual combat operations.
It has been established that he flew numerous combat missions in
the AOE, and the nature of the missions at the time was
classified TOP SECRET, the exact location of these missions is
not delineated. He provided a copy of the declassified COLLEGE
EYE EXTRACT from the CHECO REPORT; compiled by Headquarters
Pacific Command, dated 1 Nov 68, that details the areas of
operations. The dates of these operations coincide with the
dates of his TDY orders, APRs, and the Air Medals.
His APR dated 12 Jul 67 thru 13 May 68 clearly states that he
participated in all crew activities and materially contributed
to the effectiveness of an outstanding crew; both in mission and
morale. This same report also indicates the participation in
36 combat missions during this time period. As a member of the
964th Squadron during this time period of eligibility, and the
award of the RVGC w/P, it is clearly established that as a crew
member he participated in providing combat support to military
operations in the AOE.
Although the locations for TDYs performed are not provided due to
the classified nature of the task forces mission, the TDY orders
stating Southeast Asia and their corresponding dates clearly
indicate the AOE and the award of the AFEM.
His APR dated 5 Feb 69, states that he was observed on a day to
day basis flying combat missions under the threat of possible
hostile ground fire. He respectfully submits that his
contribution to the war effort deserves to be acknowledged, and
he has a right to be awarded the VSM, for his honorable service
during the Vietnam War.
The applicant's complete response is at Exhibit D.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
relief. We note the office of primary responsibility (OPR)
recommends denial, and states, although the applicants official
military record contains evidence that he performed temporary
duties (TDYs) to Southeast Asia, they were unable to locate any
official documentation verifying the specific locations. Based
on the classified nature of his TDYs, the fact they were to
Southeast Asia, and that the corresponding dates on his Airman
Performance Reports (APRs) and Air Medals appear to corroborate
his claim, we find the evidence sufficient to recommend award of
the VSM. In the interest of justice, we recommend his records be
corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the DD Form 214, Armed Forces of the United States Report of Transfer or
Discharge, issued in conjunction with his 10 July 1970 discharge,
be amended in Block 24, Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or
Authorized, to reflect the Vietnam Service Medal (VSM).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02704 in Executive Session on 26 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jun 12, w/atchs.
Exhibit B. Letter, AFPC/DPSID, dated 24 Aug 12, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 30 Aug 12.
Exhibit D. Letter, Applicant, dated 7 Sep 12, w/atchs.
Acting Panel Chair
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