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AF | BCMR | CY2014 | BC 2014 01863
Original file (BC 2014 01863.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                DOCKET NUMBER:  BC-2014-01863
		COUNSEL:  NONE
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to change the remarks in block 30, to reflect 
“VIETNAM-YES.”


APPLICANT CONTENDS THAT:

He was awarded the Vietnam Service Medal with one Bronze Service 
Star (VSM w/1BSS), the Republic of Vietnam Campaign Medal 
(RVCM); therefore, block 30 of his DD Form 214 should reflect 
Vietnam-YES.  He further states he needs this correction in 
order to receive benefits from the Department of Veterans 
Affairs (VA).

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


STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 May 1968.

On 8 May 1972, the applicant was honorably discharged in the 
grade of sergeant under the provisions of AFM 39-10 (Expiration 
of Term of Service.  He served 4 years on active duty and 
credited with 11 months and 27 days of foreign and/or service.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states policy governing the 
DD Form 214 at the time of the applicant’s 8 May 1972 discharge 
directed comments be placed in the remarks section of DD Form 
214s to document when service members were ‘stationed’ in the 
countries of Indochina, Korea, or Vietnam in a Permanent Change 
of Station (PCS) capacity.  A review of the applicant's military 
records and supporting documentation confirm the applicant was 
not stationed in Vietnam, but did perform duties in Vietnam (as 
recorded by varied Vietnam decorations).  While he may have had 
boots-on-ground in a Temporary Duty (TDY) capacity while 
stationed another location, the military records do not indicate 
being stationed in Vietnam.  Associated benefits for those in a 
TDY capacity are extended veteran benefits by various service 
organizations by receipt of a qualifying service medal (e.g., 
Vietnam Service Medal).  The applicant has both the Vietnam 
Service Medal with a device and a Republic of Vietnam Campaign 
Medal.

The applicant was not assigned to the respective foreign service 
area nor did he provide documentation to support his claim.

AFPC/DPSOR’s complete evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 September 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  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 opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
that the applicant has not been the victim of an error or 
injustice.  However, we would like to advise the applicant that 
based on his award of the VSM w/1BSS and the RVCM, he is 
entitled to VA benefits.  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 an 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-2014-01863 in Executive Session on 5 February 2015, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 30 April 2014, w/atchs.
  Exhibit B.  Applicant’s Available Master Personnel Record.
  Exhibit C.  Letter, AFPC/DPSOR, dated 19 June 2014.
  Exhibit D.  Letter, SAF/MRBR, dated 30 September 2014.


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