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AF | BCMR | CY2012 | BC-2012-04801
Original file (BC-2012-04801.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04801

		COUNSEL:  NONE

		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be 
corrected to reflect his entitlement to the Vietnam Service 
Medal (VSM) or a Badge reflecting his service during that era.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He served honorably from 24 September 1959 to 16 August 1962.  

In support of his request the applicant submitted copies of his 
DD Form 214 and Air Force Discharge Review Board Hearing Record.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.  

________________________________________________________________

STATEMENT OF FACTS:

According to documents extracted from his Military Personnel 
record (MPR), the applicant is a former member of the Regular 
Air Force who enlisted on 24 September 1959 and was released 
from active duty on 16 August 1962.  

Item 26, Decorations, Medals, Badges, Commendations, Citations, 
and Campaign Ribbons Awarded or Authorized of his DD Form 214, 
does not reflect award of the VSM.

The Vietnam Service Medal (VSM), created on 8 Jul 65, 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 thereover and in the direct 
support of military operations in Vietnam.  The specific 
eligibility criteria requires a member to be attached to or 
directly serving for one or more days with an organization, or 
aboard a naval vessel, directly supporting military operations; 
actually participate as a crew member on one or more aerial 
flights directly supporting military operations; or serve on 
temporary duty (TDY) for 30 consecutive or 60 nonconsecutive 
days, although these time limitations may be waived for 
personnel participating in actual combat operations. However, no 
member may be issued both the AFEM and the VSM for service in 
Vietnam.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID states after a complete review of the applicant’s 
military personnel record, they have verified his entitlement to 
the National Defense Service Medal (NDSM) and his record will be 
updated to reflect this award; however, they recommend denial of 
his claim for award of the VSM.  They were unable to locate 
documentation verifying the applicant served in the areas of 
responsibility for award of the VSM.  

The Vietnam Service Medal (VSM), created on 8 Jul 65, 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 
thereover and in the direct support of military operations in 
Vietnam.  The specific eligibility criteria requires a member 
to be attached to or directly serving for one or more days with 
an organization, or aboard a naval vessel, directly supporting 
military operations; actually participate as a crew member on 
one or more aerial flights directly supporting military 
operations; or serve on temporary duty (TDY) for 30 consecutive 
or 60 nonconsecutive days, although these time limitations may 
be waived for personnel participating in actual combat 
operations. However, no member may be issued both the AFEM and 
the VSM for service in Vietnam.

The complete DPSID evaluation is at exhibit C.  

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 11 January 2013 for review and comment within 
30 days (Exhibit D).  To date, a response has not been received.  

________________________________________________________________

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.  After 
thoroughly reviewing the evidence of record and noting the 
criteria for the VSM, we find the applicant does not meet the 
criteria for eligibility to this medal.  Moreover, no badge was 
issued for service during this era. The Air Force office of 
primary responsibility has determined the applicant is entitled 
to the National Defense Service Medal and has taken action to 
administratively corrected his record to reflect this medal.  
Therefore, in view of the above and in the absence of evidence 
to the contrary, we find that relief beyond that already granted 
administratively is not warranted.

________________________________________________________________

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 this application 
in Executive Session on 1 August 2013, under the provisions of 
AFI 36-2603:

			, Panel Chair
      , Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-04801:

    Exhibit A.  DD Form 149 dated 5 Sep 2012, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 4 Jan 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 2013. 




                                   
                                   Panel Chair


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