RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03146
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be entitled to the Vietnam Campaign Medal (VCM).
APPLICANT CONTENDS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, only shows the Vietnam Service Medal
(VSM). It does not include the VCM and likely other awards that
he should have received.
The Board should find it in the interest of justice to consider
his untimely application because he is filing a disability claim
for Agent Orange with the Department of Veterans Affairs and was
told that in addition to the Vietnam Service Medal, he had to
have the VCM on 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 14 March
1962 to 11 March 1966. His DD Form 214 reflects 1 year, 1 month
and 22 days of Foreign and/or Sea Service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The VCM is awarded to members of
the United States Armed Forces who, between 1 March 1961 and
28 March 1973 served for 6 months in South Vietnam, or, 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. Only members of the United States
Armed Forces who meet the criteria established for the Armed
Forces Expeditionary Medal or the VSM during the period of
service required are considered to have contributed direct
combat support to the Republic of Vietnam Armed Forces; or, did
not complete the length of service required, but who, during
wartime, were: wounded by the enemy (in a military action),
captured by the enemy during action or in the line of duty, but
later rescued or released, killed in action or in the line of
duty; or were assigned in Vietnam on 28 January 1973, and served
in Vietnam for the entire period between 29 January 1973 to
28 March 1973. The applicant served just over 60 days in the
area of eligibility, which falls short of the aggregate 6 months
required for award of the VCM. To grant relief would be
contrary to the eligibility criteria established by DoD Manual
1348.33, Manual of Military Decorations and Awards.
DPSID was able to verify the applicant's entitlement to the VSM
with one Bronze Service Star and the Republic of Vietnam
Gallantry Cross with Palm. Upon final Board decision,
administrative correction of his official military personnel
record will be completed by AFPC/DPSOR.
The complete DPSID evaluation, with attachment, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 March 2015, a copy of the Air Force evaluation was
forwarded to the applicant 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 applicants complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt the
rationale expressed as the basis for our conclusion that relief
beyond that already granted administratively is not warranted.
Therefore, 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 12 May 2015, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03146 was considered:
Exhibit A. DD Form 149, dated 31 July 2014, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 24 November 2014,
w/atch.
Exhibit D. Letter, SAF/MRBR, dated 25 March 2015.
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