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AF | BCMR | CY2013 | BC 2013 03158
Original file (BC 2013 03158.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03158
		COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, be amended to reflect the following:

1.  Time served in Vietnam.

2.  Award of the Vietnam Service Medal (VSM) and any other 
awards he may be entitled to for his service in Vietnam.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He served on temporary duty (TDY) in Vietnam while assigned to 
the 67th Tactical Reconnaissance Wing, 10th Tactical 
Reconnaissance Squadron, from approximately 19 May 1967 to June 
1967.

In support of the applicant’s appeal, he provides an excerpt of 
his health record, evaluation report, DD Form 214 and other 
documentation.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25 July 1966.

On 8 May 1970, the applicant was honorably released from active 
duty and transferred to the Air Force Reserve.  He served 
3 years, 9 months and 14 days on active duty and was credited 
with no foreign service.

The VSM is awarded to service members of the Armed Forces who 
served at any time between 4 July 1965 and 28 March 1973, in 
Vietnam, its contiguous waters, or airspace thereover; or in 
Thailand, Laos, or Cambodia, or the airspaces thereover.  To be 
eligible, a service member must be:  (1) attached or regularly 
serving for one, or more, days with an organization 
participating in or directly supporting ground (military) 
operations, (2) attached to or regularly serving for one, or 
more, days aboard a naval vessel directly supporting military 
operations, (3) actually participate as a crew member in one or 
more aerial flights directly supporting military operations, or 
(4) serve on temporary duty for 30 consecutive days or 60 
nonconsecutive days, time limitations which may be waived for 
personnel participating in actual combat operations.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states the applicant’s 
master personnel records and documentation submitted failed to 
provide any documents that substantiate foreign service time in 
Vietnam.

The DPAPP complete evaluation is at Exhibit C.

AFPC/DPSID recommends denial.  DPSID states a review of the 
applicant’s master personnel records and documentation submitted 
failed to provide any documents that substantiate foreign 
service time in Vietnam.  They were unable to verify the 
applicant served in the area of eligibility for award of the 
Vietnam Service Medal or any other award for Vietnam.

Based on review of the applicant's official military personnel 
records, DPSID was able to determine the Air Force Outstanding 
Unit Award with one bronze oak leaf cluster (AFOUA w/1BOLC) 
should have been awarded during the applicant's service from 
25 July 1966 to 8 May 1970 and was not reflected in his records.  
Upon final board decision, administrative correction of the 
applicant's official military personnel record will be completed 
by AFPC/DPSOR.

The DPSID complete evaluation is at Exhibit D.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 January 2014, copies of the Air Force evaluations were 
forwarded to the applicant for review and response within 
30 days (Exhibit E).  As of this date, no response has been 
received by this office.

________________________________________________________________
_







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 an error or an 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 failed to sustain his burden of 
proof of the existence of an error or injustice.  Therefore, 
other than the administrative corrections cited above, we find 
no basis to recommend granting any additional relief sought in 
this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2013-03158 in Executive Session on 11 March 2014, 
under the provisions of AFI 36-2603:








The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-03158 was considered:

Exhibit A.  DD Form 149, dated 24 June 2013, w/atchs.
Exhibit B.  DD Form 214, AF Form 7, AF Forms 909, AF Forms 77a,
	          and AF Forms 910.
Exhibit C.  Letter, AFPC/DPAPP, dated 1 August 2013.
Exhibit D.  Letter, AFPC/DPSID, dated 16 September 2013.
Exhibit E.  Letter, SAF/MRBR, dated 10 January 2014.





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