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 applicants 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 applicants 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 applicants 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 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
(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. Applicants 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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