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Decision Text

AF | BCMR | CY2014 | BC 2014 02320
Original file (BC 2014 02320.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02320

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His records be corrected to reflect he served in Vietnam.


APPLICANT CONTENDS THAT:

His AF Form 7, Airman Military Record, Item 14, Combat, reflects 
VSM, Vietnam, Dec 65.  This qualifies him for Veterans benefits as 
he had “boots on the ground.”

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


STATEMENT OF FACTS:

On 2 Dec 62, the applicant commenced his enlistment in the Air 
National Guard.

The applicant’s AF Form 7, Block 10, Awards, reflects the VSM but 
indicates it was not presented.  Block 14 reflects “VSM, Vietnam, 
Dec 65.”

The VSM is awarded to service members 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 or 60 
nonconsecutive days.

The applicant provided a copy of Flight Order Number 80, dated 17 
Mar 69, which reflects he was to proceed on or about 20 Mar 69 to 
various locations, to include Cam Rahn Bay, Vietnam.





On 31 Dec 97, the applicant was released from active duty and 
placed on the Reserve Retired List.  On 18 Jun 03, he was retired 
and was credited with 30 years, 4 months and 18 days of service.   


AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of an 
error or an injustice.  A review of the applicant’s submission and 
military personnel records did not substantiate he served in 
Vietnam.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His AF Form 7 and Flight Order substantiates his service in 
country in Vietnam (Exhibit E).


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, to include his 
rebuttal response, in judging the merits of the case.  We note the 
applicant has provided excerpts from his military personnel 
records in support of his request that include a travel order 
indicating he was sent on temporary duty (TDY) to a variety of 
locations, including Cam Rahn Bay, Vietnam; however, a travel 
order alone is not sufficient for us to conclude that he actually 
served in Vietnam.  In this respect, we note that a paid travel 
voucher is sufficient to confirm that travel described in an order 
actually took place.  However, while the applicant has provided a 
copy of the travel voucher accompanying the noted order, the 
travel voucher does not indicate that he traveled to Vietnam.  
While the applicant also argues fact he was awarded the Vietnam 
Service Medal (VSM) supports his claim to have served in Vietnam, 
in view of the fact that the VSM can be awarded for service 
performed in other countries, we are not convinced the fact the 
VSM was bestowed upon the applicant is sufficient to conclude he 
served in Vietnam either.  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-2014-02320 in Executive Session on 24 Mar 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket Number 
BC-2014-02320 was considered:

	Exhibit A.  DD Form 149, dated 24 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 20 Nov 14.
Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 15.
Exhibit E.  Statement, Applicant, dated 13 Jan 15, w/atchs.



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