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AF | BCMR | CY2014 | BC 2014 00054
Original file (BC 2014 00054.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00054

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM) for his service in Vietnam.  



APPLICANT CONTENDS THAT:

In 1968 and 1969, while serving on temporary duty (TDY) as a ground crew member on flying status at Anderson AFB, Guam, he flew into Vietnam in support of Operation ARC LIGHT.  

The applicant’s complete submission, with attachments, is at Exhibit A.



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Jun 66.

Under Aeronautical Order 36, dated 17 Apr 69, the applicant was designated as a non-crew member required to participate frequently and regularly in aerial flights in B-52Ds during the period 1 Jun 69 through 31 Aug 69. 

On 31 Oct 69, the applicant received an AF Form 910, TSgt SSgt and Sgt Performance Report, covering the period 18 Mar 69 through 13 Sep 69, while assigned to the 4133rd Bomb Wing (Provisional), Anderson AFB, Guam in which his Additional Indorser lauded him for his outstanding performance with the ARC LIGHT mission in support of friendly forces in Southeast Asia.  

On 20 Apr 70, the applicant was furnished an honorable discharge, and was credited with three years and ten months of total active service.   

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.



AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice.  The applicant requested his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his service in Vietnam.  Although one of his Enlisted Performance Reports (EPR) indicates numerous TDYs and one TDY to Southeast Asia, there was no documentation identifying the exact location of his TDY assignments.  

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice.  The VSM is awarded to all members of the Armed Forces who served in Vietnam or the contiguous waters or airspace after 3 Jul 65 and before 28 Mar 73.  In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period were also eligible for the VSM.  To be eligible, a service member must have actually participated as a crew member in one or more aerial flights directly supporting military operations, or have served on TDY for 30 consecutive or 60 non-consecutive days in the designated area of eligibility.  Those time limitations may be waived for personnel participating in actual combat operations.

A thorough review of the applicant’s official military record did not locate any documentation verifying award of the VSM.  The Air Force Personnel Center, Department of Assignments, was unable to verify the applicant served in Vietnam, although they did verify multiple TDYs, to include a TDY to Southeast Asia, but no documentation identifying the exact location of the TDY assignments.  The applicant provided TDY Order-Military, dated 24 Jan 67 assigning him to the 4133rd Bomb Wing (Provisional), Anderson Air Force Base (AFB), Guam; TDY Order-military, dated 22 Feb 68, assigning him to the 4133rd Bomb Wing, Anderson AFB, Guam; Aeronautical Order 30, dated 20 Dec 69, designating him a non-crew member participating in frequent aerial flights; and, Aeronautical Order 36, dated 17 Apr 69, designating him as a non-crew member participating in frequent aerial flights.  The applicant also provided a Notice of Debt, dated 21 Mar 70, referring to his flying status from Jan 70 to Mar 70.  Recommend denial of the VSM because the applicant’s TDY assignments to Southeast Asia do not specify the location of the TDY, although it appears he was assigned to the 4133rd Bomb Wing Provisional, Anderson AFB, Guam.  His flying status appears to be a non-crew member, making him ineligible for the VSM for aerial flight over the area of eligibility for the VSM.  In addition, even if the applicant had provided proof of his flights over Vietnam, he would have had to make flights for 30 consecutive or 60 non-consecutive days to qualify for the VSM.   

A complete copy of the AFPC/DPSID evaluation is at Exhibit D.



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 Jul 14 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.



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.  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 (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.



THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-00054 in Executive Session on 13 Nov 14 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 20 Feb 14.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 11 Apr 14.
Exhibit E.  Letter, SAF/MRBR, dated 21 Jul 14.

						










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