RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00241
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Vietnam Service Medal (VSM) be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 31 May 1972 separation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served in Vietnam and earned the appropriate awards.
In support of his request, the applicant provides Air Force Form 626, Request and Authorization for Temporary Duty Military, and his DD Form 214.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 21 May 1969 to 6 June 1975 and was discharged under honorable conditions.
The applicant was assigned to Kunsan Air Base, Republic of Korea, from 2 June 1971 to 27 June 1972.
The VSM was awarded to members of the Armed Forces who between 4 July 1965 and 28 March 1973 served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states that a review of the applicants military service records and documentation provided by the applicant did not substantiate service in Vietnam.
The complete DPAPP evaluation is at Exhibit B.
AFPC/DPSID recommends denial as the applicant has not sustained his burden of proof to show that there was an error or injustice. There is no evidence substantiating that the applicant served in Vietnam or any of the qualifying locations for award of the VSM. The TDY order does not specify his name and there is no evidence to show that the TDY order was carried out, such as a paid travel voucher.
DPSID will administratively correct the applicants records for award of the Korean Defense Service Medal (KDSM) and the Air Force Outstanding Unit Award (AFOUA).
The complete DPSID evaluation is at Exhibit C.
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APPLICANTS REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 14 April 2013 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 error or 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 that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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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 AFBCMR Docket Number BC-2013-00241 in Executive Session on 26 Sep 2013 under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jan 2013, w/atchs.
Exhibit B. Letter, AFPC/DPAPP, dated 7 Feb 2013.
Exhibit C. Letter, AFPC/DPSID, dated 25 Mar 2013.
Exhibit D. Letter, SAF/MRBR, dated 14 Apr 2013.
Panel Chair
Panel Chair
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