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AF | BCMR | CY2013 | BC 2013 04629
Original file (BC 2013 04629.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04629
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty be 
corrected to reflect the following medals:

		a.  Vietnam Service Medal (VSM).

		b.  Republic of Vietnam Campaign Medal (RVNCM).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was stationed at McGuire Air Force Base, New Jersey and was 
sent on Temporary Duty (TDY) assignments to DaNang, Saigon, 
Tonson Nhut and Ben Wah, South Vietnam to make cargo deliveries.  
His “201” file reflects he was awarded both the VSM and RVNCM; 
however, these medals are not reflected on his DD Form 214. 

In support of his request, the applicant provides copies of his 
AF Form 1712, Uniform Military Personnel Record and DD Form 214. 

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

________________________________________________________________

STATEMENT OF FACTS:

On 24 Mar 70, the applicant enlisted in the Regular Air Force.  
He served 3 years, 10 months and 14 days of total active service.  

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: Vietnam and the contiguous waters and 
airspace; in Thailand, Laos, or Cambodia or the airspace there 
over in the direct support of military operations in Vietnam.  
The specific eligibility criteria requires a member to be 
attached to or directly serving for one or more days with an 
organization, directly supporting military operations; or 
actually participate as a crew member on one or more aerial 
flights directly supporting military operations; or serve on TDY 
for 30 consecutive or 60 nonconsecutive days.  However, these 
time limitations may be waived for personnel participating in 
actual combat operations.

The RVNCM is awarded to members of the United States Armed 
Forces who, between 1 Mar 61 and 28 Mar 73, served for six 
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 six 
months.  Only members of the United States Armed Forces who meet 
the criteria established for the AFEM or 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 to Vietnam on 28 Jan 73, and served in 
Vietnam for the entire period between 29 Jan 73 to 28 Mar 73.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID was unable to verify the 
applicant served in the Area of Eligibility (AOE) or that he 
fulfilled the criteria for award of the VSM or RVNCM.  To grant 
relief would be contrary to the eligibility criteria established 
by DoDM 1348.33, Manual of Military Decorations and Awards, the 
Secretary of the Air Force, Chief of Staff, and/or the War 
Department.

The applicant provided a copy of the Uniform Military Personnel 
Record (AF Form 1712), dated 25 Mar 74. The AF Form 1712 
reflects the VSM and the Vietnam Campaign Medal (VCM).  The AF 
Form 1712 also indicates 90 days of TDY; however, the 
applicant's DD Form 214, dated 8 Feb 74, does not list any 
foreign and/or sea service.  DPSID was unable to locate official 
documentation verifying the applicant fulfilled the criteria for 
award of the VSM or the VCM.

Although the applicant’s AF Form 1712, reflects award of the VSM 
and the RVNCM; there is no official source documentation 
verifying he served in the Area of Eligibility (AOE) during the 
award inclusive period, or that he entered the AOE as a member of 
an aircrew.  

The applicant’s personnel records contained numerous travel 
vouchers reflecting Foreign Service time; however his Foreign 
Service is not in the area of eligibility during the inclusive 
period for award of the VSM.  One travel voucher reflects he was 
in Thailand for less than a day and outside the inclusive period 
for award of the VSM.  

The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 30 Jan 14, for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
response.  

________________________________________________________________

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 injustice to warrant 
correcting his DD Form 214 to reflect award of the VSM or RVNCM.  
We took notice of the applicant’s 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 
(OPR) and adopt the rationale expressed 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 Docket Number BC-
2013-04629 in Executive Session on 8 Jul 14, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member


The following documentary evidence pertaining to Docket Number 
BC-2013-04629 was considered: 

	Exhibit A.  DD Form 149, dated 20 Sep 13, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 21 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 14.	




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