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AF | BCMR | CY2013 | BC 2013 02237
Original file (BC 2013 02237.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02237
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

________________________________________________________________
_

APPLICANT REQUESTS THAT:

1. His DD Form 214, Report of Separation from Active Duty, be 
updated to reflect his award of the Vietnam Service Medal (VSM).

2. His records be corrected to reflect he had “Boots on the 
Ground” in Vietnam.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

1. He is authorized the VSM because he served in Indochina for 
40 days, which is reflected on his DD Form 214.  The Small Arms 
Hand Receipt also proves that he was in Vietnam.  He was 
stationed at Langley Air Force Base, Virginia, from 1970-1974 as 
an Aircraft Electrician.  He spent 8 months and 13 days overseas 
performing temporary duty missions.  

2. While he was working in the electrical shop in the 
Philippines, a supervisor asked for volunteers to go to Tan Son 
Nhut, so he volunteered.  He landed in Tan Son Nhut during the 
May/June timeframe in 1972.  He gives a detailed account 
regarding the nights being long and exceptionally dark.  

In support of his request, the applicant provides a personal 
statement, a copy of his AF Form 629, Small Arms Hand Receipt, a 
copy of his DD Form 214, and excerpts from the internet on 
Indochina.

His complete submission, with attachments, is at Exhibit A. 

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 2 Oct 70.  
The applicant’s DD Form 214, effective 1 Oct 74, reflects 40 
days of Indochina or Korea service.  His DD Form 214, effective 
30 Sep 95, reflects he was awarded the VSM.  He retired on 30 
Sep 95 after serving 20 years, 1 month, and 15 days on active 
duty.

The VSM 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 
thereof and in direct support of military operations in Vietnam.  
A service member must have served on TDY for 30 consecutive days 
or 60 nonconsecutive days to be eligible for award of the VSM.  
Those time limitations may be waived for personnel participating 
in actual combat operations.

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which is at Exhibit C, D, and E.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSID recommends approving the applicant’s request for the 
VSM with one Bronze Service Star (VSM 1/BSS).  In this respect, 
the applicant provides a detailed account of his temporary duty 
at Tan Son Nhut AB, Vietnam, in 1972 with supporting 
documentation showing he was issued an M-16.  In addition, his 
Airman Performance Report for the period ending 19 Jan 73 
indicates he was “utilized on many short TDY’s” during this 
period.  

The complete DPSID evaluations are at Exhibit C.

APFC/DPAPP recommends denial stating that the applicant’s master 
personnel records did not contain information that reflects he 
served in Vietnam.  

The complete DPAPP evaluation is at Exhibit D.

AFPC/JA recommends approval stating that with all evidence 
considered together, they believe the applicant has established 
that it was more likely than not he was awarded the VSM.  In 
this respect, they agree with the AFPC/DPSID advisory opinion.  
With respect to a comment in the DPAPP advisory opinion that the 
information provided by the applicant “did not contain 
information that reflects [the applicant] served in Vietnam,” 
that documentation does contain evidence that the applicant 
served in Vietnam:  his detailed statement attached to his 
application.  While the applicant offered no corroborating 
documentation from his military record, his statement itself 
constitutes evidence and is entitled to be treated as such.  The 
weight to be given that evidence can certainly be debated, but 
they find the detail included in the statement adds to its 
credibility.  Furthermore, the DPAPP advisory ignores annotation 
of the medal on the applicant’s 1995 DD Form 214.  Moreover, the 
applicant’s performance report for the period he says he was in 
Vietnam, while not specifically mentioning Vietnam, pays tribute 
to the applicant’s several short temporary duty assignments that 
required a single electrician with the highest capability.  

The complete JA evaluation is at Exhibit F.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He reiterates his claim that he served in Vietnam in 1972 and 
provides an article that confirms general real world conditions 
in Vietnam, but in particular it discusses the conditions at Tan 
Son Nhut with regard to the C-130 aircraft that was shot down 
during the Battle of AnLoc, South Vietnam.  

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

________________________________________________________________
_

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.  We note the 
recommendation of AFPC/DPAPP; however, we agree with 
recommendation of AFPC/DPSID and AFPC/JA that it appears the 
applicant has provided sufficient evidence to reflect he served 
in Vietnam for at least 40 consecutive days between May and June 
1972 and is entitled to the VSM Bronze Service Star.  
Additionally, we recommend the applicant’s record be corrected 
to reflect “boots on ground” in Vietnam.  Therefore, his records 
should 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:
      
      a. His DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, Block 13 (Decorations, Medals, 
Badges, Citations and Campaign Ribbons Awarded or Authorized,) 
effective 30 September 1995, be amended to reflect the award of 
the Vietnam Service Medal with One Bronze Service Star.
      
      b. He had boots on the ground in the Republic of Vietnam 
from May to June 1970.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02237 in Executive Session on 18 Feb 14, 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 5 May 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 23 Aug 13 and 2 Dec 13.
    Exhibit D.  Letter AFPC/DPAPP, dated 30 May 13.
    Exhibit E.  Letter, AFPC/JA, dated 23 Dec 13.
    Exhibit F.  Letter, SAF/MRBR, dated 17 Jan 14.
    Exhibit G.  Letter, Applicant, undated, w/atch.




                                   
                                   Panel Chair









4





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