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AF | BCMR | CY2014 | BC 2014 01446
Original file (BC 2014 01446.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01446
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, be updated to reflect the award of the 
Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM) and 
the Presidential Unit Citation (PUC).


APPLICANT CONTENDS THAT:

He served in Thailand between 1968 and 1969 on Udon Air Base and 
while assigned in Thailand he made numerous trips to Vietnam to 
provide security at crash sites for downed US aircraft.  Based 
on this information he should have been awarded the VSM and VCM.  
Additionally, his unit received the Presidential Unit Citation.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Nov 
67.

On 12 Nov 71, the applicant was furnished an Honorable 
discharge, and was credited with 3 years, 11 months, and 28 days 
of active service.

The applicant’s DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, reflects one award:  the 
National Defense Service Medal.   He is also credited with 1 
year and 22 days of foreign and/or sea 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 Exhibits C 
and D.    



AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of 
an error or an injustice.  Although they were able to verify and 
confirm Foreign Service in Thailand, they were unable to confirm 
Foreign Service in Vietnam.

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 United States Armed 
Forces who served in Vietnam or 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 also were 
eligible for the VSM.  To be eligible, a service member must be:  
permanently assigned, attached, or detailed for one, or more, 
days with an organization participating in or directly 
supporting ground (military) operations; permanently assigned, 
attached, or detailed for one, or more, days aboard a naval  
vessel directly supporting military operations; have actually 
participated as a crew member in one or more aerial flights 
directly supporting military operations; have served on 
temporary duty for 30 consecutive days or 60 non-consecutive 
days. Those time limitations may be waived for personnel 
participating in actual combat operations.

The VCM is awarded to members of the United States Armed Forces 
who, between 1 Mar 61 and 28 Mar 73 served for 6 months in South 
Vietnam, or 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.

The PUC is awarded in the name of the President of the United 
States to units of the Armed Forces of the United States and 
cobelligerent nations, for extraordinary heroism in action 
against an armed enemy on or after 7 December 1941.  The unit 
must have displayed such gallantry, determination, and esprit de 
corps in accomplishing its mission under extremely difficult and 
hazardous conditions to have set it apart and above other units 
participating in the same campaign. The degree of heroism 
required is the same as that which would be required for award 
of an Air Force Cross to an individual.

There was no official documentation in the applicant’s record 
nor was any provided to verify the applicant served for an 
aggregate of six months in the area of responsibility for the 
award of the VCM.  They were also unable to verify the applicant 
was assigned to a unit that received award of the PUC.

They recommend the Board make a decision on award of the VSM.  
While it appears that the applicant was in Thailand, as 
indicated on his AF Form 7, Airman Military Record, by the 
departure date of 29 Jun 70, they were unable to verify the 
applicant’s actual dates of service.  Without such dates, they 
are unable to award the VSM.  If the Board finds in favor of the 
applicant’s request, then based on current Air Force Policy, he 
would also be eligible for the award of the Republic of Vietnam 
Gallantry Cross with Palm.  

Based on their review of the applicant’s official military 
record, they determine that the Air Force Good Conduct Medal 
(AFGCM) should have been awarded during the applicant’s service 
from 15 Nov 67 to 12 Nov 71.   

Upon final board decision, administrative correction of the 
applicant’s official record will be completed by AFPC/DPSOR:

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 1 Oct 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 with respect 
to the VCM and PUC.  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 office of 
primary responsibility (OPR) and adopt their rationale as the 
basis for our conclusion the applicant has not 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 portion of his application.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice with regard to the VSM.  We took note that AFPC/DPSID 
indicates they were unable to verify the exact dates the 
applicant served in Thailand.  However, based on our review of 
Block 2, Foreign Service, of the applicant’s AF Form 7 and then 
comparing that information to the length of Foreign Service 
listed on his DD Form 214, we find sufficient evidence to 
conclude that more likely than not, the applicant has an 
aggregate of 30 consecutive days or 60 non-consecutive days in 
the area of responsibility and therefore meets the eligibility 
criteria for award of the VSM.  It is also noted, that in 
accordance with current Air Force Policy, individuals awarded 
the VSM, are also awarded the Republic of Vietnam Gallantry 
Cross with Palm.  Therefore, we recommend his records be 
corrected to the extent indicated below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that his DD 
Form 214, Armed Forces of the United States Report of Transfer 
or Discharge, be updated to reflect the award of the Vietnam 
Service Medal and Republic of Vietnam Gallantry Cross with Palm. 


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01446 in Executive Session on 13 Jan 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01446 was considered:

	Exhibit A.  DD Form 149, dated 17 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 30 Apr 14.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 7 Jul 14.
	Exhibit E.  Letter, SAF/MRBR, dated 1 Oct 14.

						

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