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Decision Text

AF | BCMR | CY2014 | BC 2014 01201
Original file (BC 2014 01201.txt) Auto-classification: Denied
          RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01201
 					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 he was awarded the 
Vietnam Service Medal (VSM).  


APPLICANT CONTENDS THAT:

He served in direct support of the airspace thereof and military 
operations in Vietnam while he was stationed at Kadena Air Base, 
Okinawa.  

The applicant provides no rationale as to why the Board should 
consider his untimely timely application in the interest of 
justice.  

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


STATEMENT OF FACTS:

On 27 Feb 68, the applicant entered the Regular Air Force 

On 21 Jul 71, he received an honorable discharge, and was credited 
with 3 years, 4 months and 25 days of active service. 

The VSM is awarded to members of the Armed Forces who between 
4 Jul 65 and 28 Mar 73 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 for 
30 consecutive days or 60 non-consecutive days.    


AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  The information provided and his 
master personnel records did not contain any information that 
reflects he served in Vietnam.

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

AFPC/DPSID recommends denial based on the recommendation of DPAPP.  
Although the applicant contends he was in direct support of 
military operations while stationed in Japan, the criteria 
requires a member serve within the area of eligibility which 
consists of Vietnam, Thailand, Laos, Cambodia or the airspace 
thereof; Japan is not considered in the area of eligibility for 
the VSM.  To grant relief would be contrary to the criteria 
established by DoDM 1348.33, Manual of Military Decorations and 
Awards, Secretary of the Air Force and Chief of Staff.  

A complete copy of the 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 24 Nov 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 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 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-2014-01201 in Executive Session on 20 Jan 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 22 Jul 14.
 	Exhibit D.  Memorandum, AFPC/DPSID, dated 3 Nov 14.  
	Exhibit D.  Letter, SAF/MRBR, dated 24 Nov 14.


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