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AF | BCMR | CY2014 | BC 2014 00212
Original file (BC 2014 00212.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2014-00212    
		 		 COUNSEL:  NONE
   				HEARING DESIRED:  NO

________________________________________________________________ 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, be amended to reflect:
 
      a.  His correct service number 

      b.  That he served in Vietnam.   

      c.  He was awarded the Vietnam Campaign Medal (VCM).

________________________________________________________________ 

APPLICANT CONTENDS THAT:

The correction of his service number should be made to any 
documents or computerized records as the incorrect number could 
hinder retrieving information.

He was advised when he returned from Vietnam that campaign 
ribbons and medals would not be automatically awarded but had to 
be requested in writing.  At the time, he chose not to request 
them because he was in the process of being returned stateside 
for discharge.  

He has been awarded service connected disability compensation 
from the Department of Veterans Affairs (DVA) for exposure of 
Agent Orange and other chemicals during his service in Vietnam 
and requests the VCM be added to his DD Form 214.

The Board should consider his untimely application in the 
interest of justice as an identity error may hinder retrieval of 
records.  

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

________________________________________________________________ 

STATEMENT OF FACTS:

On 3 Dec 57, the applicant entered active duty.

On 2 Dec 61, he was honorably discharged from active duty after 
serving 4 years on active duty.

In a letter dated 7 Feb 14, AFPC/DPSIRP advised the applicant 
his service number on his DD Form 214 was correct and a change 
was not required. 

The VCM is awarded to members of the Armed Forces of the United 
States who between 1 Mar 61 and 28 Mar 73, served for 6 months 
in South Vietnam during this period; served outside the 
geographical limits of South Vietnam and contributed direct 
combat support to the Republic of Vietnam Armed Forces for an 
aggregate of 6 months. 

_______________________________________________________________ 

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of the applicant’s request to 
correct his record to reflect that he served in Vietnam.  A 
review of the documents provided by the applicant and a review 
of his master personnel records did not contain information that 
reflects he served in Vietnam.   
 
The complete DPAPP evaluation is at Exhibit D. 

AFPC/DPSID recommends disapproval for award of the VCM.  There 
is no official documentation in the applicant’s record to verify 
he was in the area of eligibility for an aggregate of 6 months.  
Furthermore, DPAPP was unable to verify he served in Vietnam; 
therefore, rendering him ineligible for award of the VCM.  To 
grant relief would be contrary to the criteria established by 
DODM 1348.33, Manual of Military Decorations and Awards, the 
Secretary of the Air Force and Chief of Staff.  

The complete DPSID evaluation is at Exhibit E.

 _______________________________________________________________ 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Sep 14, the copies of the Air Force evaluations were 
provided to the applicant for review and comment within 30 days 
(Exhibit F).  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 the rationale expressed as the basis 
for our conclusion that the applicant has failed to sustain his 
burden of proof that he has 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. 

_______________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
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-
2014-00212 in Executive Session on 12 Nov 14, under the 
provisions of AFI 36-2603:

     , Panel Chair
     , Member
     , Member

The following pertinent documentary evidence was considered: 

    Exhibit A.  DD Form 149, dated 13 Jan 14, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records       
    Exhibit C.  Letter, AFPC/DPSIRP, dated 7 Feb 14.     
    Exhibit D.  Memorandum, AFPC/DPAPP, dated 12 May 14. 
    Exhibit E.  Memorandum, AFPC/DPSID, dated 16 Jun 14.   
    Exhibit F.  Letter, SAF/MRBR, dated 19 Sep 14.  
 
  

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