RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01981
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Vietnam Service Medal (VSM).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He served in U-Tapao Airfield, Thailand from Mar to Nov 1975.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and AF Form 899, Request and Authorization for Permanent
Change of Station (PCS) Military.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 1 Oct 83, the applicant retired from the Air Force after
serving 21 years, 11 months and 17 days of 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
Temporary Duty (TDY) for 30 consecutive or 60 nonconsecutive
days. However, these time limitations may be waived for
personnel participating in actual combat operations.
DPSID was able to verify that the applicant should have been
awarded the Air Force Outstanding Unit Award with one Silver
Service Star and one Bronze Service Star (AFOUA w/1SSS and 1BSS)
and the National Defense Service Medal (NDSM) during his service
from 12 Jul 66 to 30 Sep 83. DPSOR will administratively
correct his records to reflect the awards.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The applicants dates of service
in Thailand (Dec 74 to Nov 75) are after the inclusive dates for
award of the VSM; therefore, he is ineligible for the award of
the VSM.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He believes that Department of Defense (DoD) 1348, Manual of
Military Decorations and Awards was revised in Sep 96, to change
the VSM inclusive dates to include 29 Apr 75 to 30 Sep 75.
The applicants complete submission is at 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 an error or injustice. After
thoroughly reviewing the evidence of record we are not persuaded
the VSM should be granted. We note that the applicant states it
is his understanding that DoD 1348 was revised in Sep 96 and the
applicable dates were changed to include the period he was in
Thailand. Although DoD 1348 was revised, the period he
references was for operation FREQUENT WIND, which required boots
on the ground in Vietnam. As such, his duties in Thailand do
not qualify for award of the VSM. In view of the above, we
conclude that the applicant has failed to sustain his burden of
proof that he has 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-2013-01981 in Executive Session on 30 Jan 14, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 13.
Exhibit D. Letter, SAF/MRBR, dated 5 Jul 13.
Exhibit E. Letter, Applicant, dated 13 Jul 13.
Panel Chair
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