RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02870
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His DD Form 214, Report of Separation from Active Duty, block
19, Indochina or Korea Service since August 5 1964, be amended
to reflect 30 days versus 29 days.
2. He be awarded the Vietnam Service Medal (VSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214 reflects the incorrect number of days he
deployed to Thailand. His flight back to the Philippines was
delayed by one day and he should have been credited with 30 days
of TDY versus 29 days. In this respect, he contends the
following:
1. He submitted a Department of Veterans Administration (DVA)
claim for metastatic prostate cancer potentially caused by his
Agent Orange exposure while deployed to Thailand in support of
Operation LINEBACKER II. However, the DVA denied his claim
because he could not provide a copy of his TDY orders or any
official verification that he ever deployed to Thailand during
the Vietnam War.
2. His amended orders will allow him to wear the VSM on his
uniform.
3. He initially contacted the National Personnel Records Center
(NPRC) but they were unable to locate his TDY orders to
Thailand.
4. When he out-processed he noted his DD Form 214 reflected the
incorrect number of days he was TDY to Thailand; however, he was
informed that any corrections would delay his discharge from the
Air Force.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 22 Oct 70, the applicant enlisted in the Regular Air Force.
His DD Form 214 reflects a total of three years, six months, and
five days of total active service; with one year and four months
of Foreign Service.
On 8 Aug 12, AFPC/DPSIRP notified the applicant that after a
thorough search of his military personnel file, they were unable
to find any TDY orders deploying him to Thailand.
The Vietnam Service Medal (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: in 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 temporary duty (TDY) for 30 consecutive
or 60 nonconsecutive days. However, these time limitations may
be waived for personnel participating in actual combat
operations.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial of the applicants request to
correct his DD Form 214, block 19 to reflect 30 days versus
29 days TDY. DPAPP was able to verify the applicant was
assigned at Clark Air Base, Philippines from 28 Aug 71 to
27 Nov 72; however, they could not find any mention of time
served in Thailand other than the 29 days currently reflected on
his DD Form 214.
The complete DPAPP evaluation is at Exhibit C.
AFPC/DPSID recommends denial of the applicants request for
award of the VSM. DPSID states the applicant does not meet the
criteria of 30 consecutive or 60 non-consecutive days in
Thailand. To award him the VSM would be contrary to the intent
which the award was established and would state the applicant
served in Thailand which cannot be verified.
The complete DPSID evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 Oct 12, by letter, the applicant reiterates his original
contentions.
In further support of his appeal, the applicant provides a copy
of his original application with attachments.
The applicants complete response, with attachments, is at
Exhibit F.
_________________________________________________________________
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. After
thoroughly reviewing the evidence of record and noting the
applicants contentions, we are not persuaded that his Indochina
or Korea Service since August 5 1964 should be changed or that
he meets the criteria for award of the VSM. In this respect, we
note that AFPC/DPAPP has verified the applicant was TDY to
Thailand for 29 days; however, he has not provided substantial
evidence to reflect this period should be reflected as 30 days.
In view of this and noting the VSM criteria, we find no basis to
warrant correcting his records to show his entitlement to this
medal. Should the applicant provide official documentation to
substantiate he was TDY to Thailand for 30 consecutive days,
rather than 29, and that he meets the criteria for award of the
VSM, we would be willing to reconsider his request. In view of
the above and 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-2012-02870 in Executive Session on 19 Mar 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jun 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIRP, dated 8 Aug 12.
Exhibit C. Letter, AFPC/DPAPP, dated 4 Sep 12.
Exhibit D. Letter, AFPC/DPSID, dated 9 Oct 12.
Exhibit E. Letter, SAF/MRBR, dated 16 Oct 12.
Exhibit F. Letter, Applicant, dated 29 Oct 12, w/atchs.
Panel Chair
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