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AF | BCMR | CY2014 | BC 2014 02383
Original file (BC 2014 02383.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02383

						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty be corrected to reflect award of the Vietnam Service Medal 
(VSM). 


APPLICANT CONTENDS THAT:

He worked as a medic and directly trained South Vietnamese 
medical personnel in support of the Vietnam Conflict while 
stationed in Texas during the period 1968-1971.

The applicant provides no rationale as to why his untimely 
application should be considered.

The applicant did not provide any documentation in support of 
his request.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 21 Jul 67, the applicant enlisted into the Regular Air Force. 
He was credited with four years of total prior active service.  

According to ARPC Form 92, Appointment Order, dated 21 Jan 76, 
on 8 Jan 76, the applicant was appointed a second lieutenant, 
Reserve of the Air Force. 

According to ARPC Form 75, Extended Active Duty (EAD) Order, 
dated 22 Jan 76, on 4 Mar 76, the applicant was ordered to EAD.  
He served 11 years, 4 months and 28 days of active service.  He 
was credited with 1 year, 11 months and 24 days of Foreign 
Service.  


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  The VSM is authorized for those 
who had boots on ground in Vietnam, Thailand, Laos, and 
Cambodia.  Service within the Continental United States (CONUS) 
does not qualify for award of the VSM; therefore, he is 
ineligible for award of the VSM.  

The VSM is awarded to all members of the United States Armed 
Forces who served in Vietnam or contiguous waters or airspace 
after 3 July 1965, and before 28 March 1973.  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 or 60 non-consecutive days.  
Those time limitations may be waived for personnel participating 
in actual operations

DPSID was unable to verify the applicant served in the Area of 
Eligibility (AOE) for award of the VSM.  Further, they were 
unable to locate any official documentation, nor did the 
applicant provide any, to substantiate service in the AOE for 
award of the VSM.  To grant relief would be contrary to the 
eligibility criteria established in DoDM 1348-33, Manual of 
Military Decorations and Awards, the Secretary of the Air Force, 
Chief of Staff, and/or the War Department.  

The complete 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 25 Mar 15, for review and comment within 30 days 
(Exhibit D).  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 
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 requested relief.


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-2014-02383 in Executive Session on 12 May 15, under 
the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Jun 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 22 Sep 14. 
	Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 15.
					

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