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AF | BCMR | CY2013 | BC-2013-01208
Original file (BC-2013-01208.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01208
			COUNSEL:  NONE
    			HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his service in Vietnam.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 reflects “Vietnam-No;” however, he served in Vietnam.  

He did not realize his DD Form 214 was incorrect until he applied for benefits with the Department of Veterans Affairs (DVA).  

In support of his request, the applicant provides a copy of his DD Form 214 showing award of the Vietnam Service Medal (VSM).

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

_________________________________________________________________

STATEMENT OF FACTS:

On 25 Sep 1952, the applicant entered active duty. 

His service records reflect that he served in Ubon Air Base, Thailand, from 12 Apr 1968 to 13 Apr 1969.

On 31 Dec 1972, he retired after serving 20 years and 21 days on active duty.    

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 a review of the applicant’s military personnel records and documentation submitted failed to substantiate foreign service time in Vietnam.

The complete DPAPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant provides another copy of his DD Form 214 showing he was awarded the VSM (Exhibit E).

_________________________________________________________________

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 opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We note that the applicant’s DD Form 214 shows he was awarded the VSM and the Republic of Vietnam Campaign Medal.  However, this does not establish that he performed Boots-on-the-Ground service in Vietnam.  These service medals are not just awarded to those who served in Vietnam but also awarded for service in geographical areas, to include Thailand, Laos, Cambodia or the airspace thereof and provided direct support of military operations in Vietnam.  Therefore, in the absence of evidence the applicant performed service in Vietnam, 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 AFBCMR Docket Number BC-2013-01208 in Executive Session on 9 Jan 2014, under the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member
      
The following documentary evidence was considered:    

     Exhibit A.  DD Form 149, dated 7 Mar 2013, w/atch.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAPP, dated 10 Apr 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 6 May 2013.  
     Exhibit E.  Letter, Applicant, dated 31 May 2013, w/atch.




                                    
                                   Panel Chair

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