RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2013-02083
				COUNSEL:  NONE
    				HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, be corrected to reflect Vietnam service.  

2.  He be awarded medals for his service in Vietnam.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

In Jan 1973, he was on Temporary Duty (TDY) assignment to Bien 
Hoa Air Base, Republic of Vietnam.

The Department of Veterans Administration (DVA) hospital in 
Decatur, GA, informed him his records do not reflect that he was 
TDY to Vietnam.

He was also advised that he should have received medals for his  
Vietnam service.

In support of his request, the applicant provides copies of his 
DD Forms 214 and AF Form 626, Request and Authorization for 
Temporary Duty – Military.  

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

_________________________________________________________________

STATEMENT OF FACTS:

His DD Form 214 issued in conjunction with his 1 Nov          
1973 separation reflects “Vietnam-No” and that he was awarded 
the Vietnam Service Medal (VSM).    

According to the applicant’s master personnel records he was 
assigned to Yokota Air Base, Japan, from Apr 1972 to Apr 1973.

The VSM was awarded to members of the Armed Forces who between  
4 July 1965 and 28 Mar 1973 served in the following areas of 
Southeast Asia: in Vietnam and the contiguous waters and 
airspace; in Thailand, Laos or Cambodia or the airspace thereof 
and in the direct support of military operations in Vietnam for 
30 consecutive days or 60 non-consecutive days.  

The Vietnam Campaign Medal is awarded to members of the Armed 
Forces of the United States who between 1 Mar 1961 and 28 Mar 
1973, served for 6 months in South Vietnam during this period; 
served outside the geographical limits of South Vietnam and 
contributed direct combat support to the Republic of Vietnam 
Armed Forces for an aggregate of 6 months.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of the applicant’s request to 
reflect Vietnam service.  A review of the applicant’s master 
personnel records and the documentation submitted by the 
applicant failed to provide any documents to substantiate 
foreign service time in Vietnam.

The complete DPAPP evaluation is at Exhibit C.

DPSID recommends denial of the applicant’s request for awards 
for his service in Vietnam.  The applicant’s DD Form 214 
reflects award of the VSM, however, DPSID is unable to 
substantiate the applicant was in the area of eligibility for 
this award.  The applicant provided a copy of a TDY order to 
Bien Hoa Air Base, Republic of Vietnam, for 10 days; however, 
the order is not located in the applicant’s official military 
personnel record, and there is no official documentation 
verifying the order was carried out, such as a paid travel 
voucher.  Furthermore, if the Board accepts the order as proof 
of Vietnam service, it only indicates 10 days, which does not 
meet the 30 day criteria for award of the VSM or the 6 month 
criteria for award of the Vietnam Campaign Medal.  To grant the 
applicant relief would be contrary to the eligibility criteria 
established by Department of Defense Manual 1348.33, Manual of 
Military Decorations and Awards.  Based on the findings by DPAPP 
and a thorough review of the applicant’s official military 
record, DPSID recommends removal of the VSM from the applicant’s 
DD Form 214.  Upon conclusion of the Board, DPSID will 
administratively correct the applicant’s records to show he was 
awarded the Air Force Outstanding Unit Award with two Bronze Oak 
Leaf Clusters (AFOUA w/2 BOLC) and the Small Arms Expert 
Marksmanship Ribbon (SAEMR).  

The complete DPSID evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 5 Jul 2013 for review and comment within 30 days.  
As of this date, this office has not received a response 
(Exhibit E).

_________________________________________________________________

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 opinions and 
recommendations of the Air Force Offices of Primary 
Responsibility (OPR) and adopt their rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice.  We note DPSID recommends the applicant’s 
records be corrected to remove the VSM; however, we do not 
believe it would be appropriate to take an action that could 
conceivably be detrimental to the applicant.  As such, we are 
not inclined to disturb the record as it currently stands.  
Therefore, other than the administrative corrections awarding 
the AFOUA w/2 BOLCs and the SAEMR, we find no basis to recommend 
the additional relief sought.  

________________________________________________________________

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 AFBCMR Docket 
Number BC-2013-02083 in Executive Session on 20 Feb 2014, under 
the provisions of AFI 36-2603:

         , Panel Chair
         , Member
	 , Member
      
?
The following documentary evidence in AFBCMR Docket Number BC-
2013-02083 was considered:    

     Exhibit A.  DD Form 149, dated 23 Apr 2013, w/atchs.
     Exhibit B.  Applicant’s Available Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAPP, dated 23 May 2013.
     Exhibit D.  Letter, AFPC/DPSID, dated 21 Jun 2013.  
     Exhibit E.  Letter, SAF/MRBR, dated 5 Jul 2013.  




                                    
                                   Panel Chair