RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01399
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. He be awarded the Vietnam Service Medal (VSM).
2. His DD Form 214, Report of Separation of Transfer from the
Armed Forces, be corrected to reflect he served in Thailand
(Administratively corrected).
APPLICANT CONTENDS THAT:
1. He participated in Operation FREQUENT WIND, Operation
BABYLIFT, and Operation NEW LIFE evacuating friendlies from
South Vietnam and should therefore be entitled to the VSM.
2. He served in Thailand during Jan through Nov 75, however,
because such service is not reflected on his DD Form 214 he is
being denied benefits from the Department of Veterans Affairs
(DVA).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
22 Feb 73.
On 21 Feb 79, the applicant was furnished an honorable discharge
and was credited with six years of active service.
On 24 Apr 14, AFPC/DPAPP notified the applicant of their
determination that he should have been credited with boots on
the ground service in Thailand from 5 Jan 75 through 10 Nov 75
and administratively corrected his records to reflect such
service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request for the
VSM indicating there is no evidence of an error or an injustice.
The VSM is awarded to all members of the United States Armed
Forces who served in specific qualifying locations in Southeast
Asia in support of the Vietnam conflict during the period 3 Jul
65 through 27 Mar 73. While the applicant served in Thailand
from 5 Jan 75 to 10 Nov 75, these dates are after the award
inclusive period for the VSM and he is therefore ineligible for
the award. While the applicant contends he served in support of
Operation FREQUENT WIND, in regards to the fall of Saigon, and
the Armed Forces Expeditionary Medal (AFEM) was authorized to be
awarded to those who supported said operation during the period
29 30 Apr 75 from within the Republic of Vietnam, there is no
evidence that the applicant provided direct support to said
operation from within the Republic of Vietnam. Therefore, the
applicant is ineligible for the AFEM.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 4 Aug 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 warranting
correction of the applicants records to reflect his entitlement
to the VSM. 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 (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim
of an error or injustice. We note the Air Force OPR has
verified the applicants foreign service in Thailand from 5 Jan
75 through 10 Nov 75 and will correct his records
administratively. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting relief beyond
that rendered administratively.
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-2014-01399 in Executive Session on 22 Jan 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 7 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
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