RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05422
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be awarded the Vietnam Service Medal (VSM) for his service in
Southeast Asia (SEA).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should have been awarded the VSM for his air refueling
missions he flew in SEA in support of the Vietnam War.
He was on Temporary Duty (TDY) to SEA in support of the war;
however, his home unit did not submit him for this award.
In support of his appeal, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 1 Sep 81 retirement; his
TDY orders and vouchers, and various other documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 Aug 59, the applicant enlisted in the Regular Air Force,
and served until he was relieved from active duty on 31 Aug 81.
At retirement, he was credited with 22 years and 21 days of
active duty service, including 8 years, 4 months and 25 days of
foreign service.
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 there over 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 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. To grant relief
would be contrary to the eligibility criteria established by
Department of Defense Manual (DoDM) 1348.33.
DPSID noted that after a thorough review of the applicant's
official military personnel record and provided documentation
they were unable to verify award of the VSM. The applicant
provided documentation that shows he served on temporary duty in
Thailand from 19 Nov 66 to 27 Nov 66, 3 Dec 66 to 5 Dec 66 and
then again from 9 Dec 66 to 15 Dec 66 for a total of 18 non-
consecutive days.
Unfortunately it cannot be determined whether the applicant
meets the eligible criteria for award of the VSM. As previously
stated the documentation only indicates the applicant served
temporary duty in Thailand for 18 non-consecutive days, his
dates of service do not meet the 30 consecutive days or 60 non-
consecutive days in accordance with the DoDM 1348.33.
In addition, DPSID notes that based also on their review of the
applicant's official military personnel record, they were able
to determine that he should have been awarded the Air Force
Outstanding Unit Award with Three Bronze Oak Leaf Clusters
(AFOUA w/3BOLC) vice 1BOLC and that his record will be
administratively corrected.
The complete DPSID evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 3 Feb 13 for review and comment within 30 days. As
of this date, no response has been received by this office
(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. 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, based on a review of the available records,
we could not confirm nor were we persuaded that the applicant
met the criteria that would qualify him for award of the Vietnam
Service Medal. In view of the above, we do find a sufficient
basis to warrant relief beyond that already granted
administratively. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting further relief
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-2012-05422 in Executive Session on 27 Aug 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 25 Jan 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 3 Feb 13.
Panel Chair
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