RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02260
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be entitled to the Vietnam Service Medal (VSM).
2. He be entitled to the Southwest Asia Service Medal (SWASM).
3. His records be corrected to reflect his rank as Staff
Sergeant (SSgt, E-5).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was given a promotion to the rank of SSgt prior to his
discharge. However his DD Form 214, Armed Forces of the United
States report of Transfer or Discharge, incorrectly reflects his
rank as Airman First Class (A1C, E-4). In addition he flew all
over Southwest Asia during his tour of duty in Vietnam, but was
not issued a VSM.
In support of his request, the applicant provides a copy of his
DD Form 214.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 8 Jul
1963 through 7 Jul 1967. He has five months and eight days of
Foreign and/or Sea Service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate offices of
the Air Force at Exhibit C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants requests for
award of the VSM and the SWASM. DPSID states that the VSM is
awarded to all service members of the Armed Services who between
4 Jul 1965 and 28 Mar 1973, served in the following areas of
Southeast Asia: 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. DPSID was
unable to locate official documentation verifying the applicant
served in the area of eligibility for award of the VSM.
The SWASM is awarded to members of the United States armed
forces who served in support of Operations DESERT SHIELD or
DESERT STORM in one or more of the following areas from 2 Aug
1990 through 30 Nov 1995: the Persian Gulf, Red Sea, Gulf of
Oman, Gulf of Aden, that portion of the Arabian Sea that lies
north of 100 N. latitude and west 680 E. longitude, as well as
the total areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain,
Qatar, and the United Arab Emirates. The applicant's date of
separation is 7 Jul 1967, rendering him ineligible for award of
the SWASM. To grant award of the VSM or the SWASM would be
contrary to the criteria established by DoD Manual 1348.33,
Manual of Military Decorations and Awards
The complete DPSID evaluation is at Exhibit C.
AFPC/DPSOE recommends denial. DPSOE states that the applicant's
DD Form 214 correctly reflects his rank at time of his discharge
from the Regular Air Force. Reserve Order CA-040293, dated
30 Aug 1969, reflects the rank that he obtained while serving in
the Reserves. The DD Form 214 is not accomplished upon
discharge from the Reserves. Therefore, based on the
documentation in his records, the applicant was discharged from
Regular Air Force in the proper grade of E-4.
The complete DPSOE evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 Oct 2013, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (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 and adopt their rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
________________________________________________________________
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 20 Feb 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
?
The following documentary evidence pertaining to AFBCMR BC-2013-
02260 was considered:
Exhibit A. DD Form 149, dated 2 May 2013, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 1 Jul 2013.
Exhibit D. Letter, AFPC/DPSOE, dated 30 Aug 2013.
Exhibit E. Letter, SAF/MRBC, dated 15 Oct 2013.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
8
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
4
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