RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02988
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. He received credit for his foreign service in Vietnam
(administratively corrected).
2. He be awarded the Vietnam Campaign Medal (VCM).
APPLICANT CONTENDS THAT:
He needs this correction to his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, to obtain
veterans benefits from the Department of Veteran Affairs (DVA).
He deployed in support of OPERATION SAFESHOT from Apr 68
through Aug 68 and again from Aug 69 through Dec 69.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
15 Mar 66.
On 2 Jan 70, the applicant was discharged honorably, and was
credited with 3 years, 9 months, and 18 days of active service.
On 21 Nov 14, AFPC/DPAPP confirmed the applicant had boots on
ground in Vietnam and directed the applicants DD Form 214 be
administratively corrected reflect that he was credited with 4
months and 22 days of foreign service.
On 16 Feb 15, AFPC/DPSID administratively corrected the
applicants record to reflect he was awarded the Vietnam Service
Medal with two Bronze Service Stars (VSM w/2BSS) and the
Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).
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 indicating there is no evidence of
an error or an injustice. The VCM is awarded to members of the
United States Armed Forces, who between 1 Mar 61 and 28 Mar 73
served for six months in South Vietnam, or, served outside the
geographical limits of South Vietnam and contributed direct
support to the Republic of Vietnam Armed Forces for an aggravate
of six months. Without evidence in the applicants record it
could not be verified that he was in the area of eligibility for
an aggravate of six months for award of the VCM. While
reviewing the applicants official military personnel record, it
was determined that the VSM w/2BSS and the RVNGC w/P should have
been awarded during the applicants service from 15 Mar 66 to 2
Jan 70. Upon final board decision, administrative correction of
the applicants official military record will be completed.
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 evaluations was forwarded to the
applicant on 17 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 warranting
correction of the applicants records to reflect award of the
VCM. We took notice of the applicants 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
of injustice. We note the Air Force OPR has confirmed the
applicant had boots on ground in Vietnam and directed the
applicants DD Form 214 be administratively corrected to credit
him with 4 months and 22 days of foreign service. In addition,
we also note the Air Force OPR administratively corrected the
applicants record to reflect he was awarded the Vietnam Service
Medal with two Bronze Service Stars (VSM w/2BSS) and the
Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting any 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-2014-02988 in Executive Session on 14 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02988 was considered:
Exhibit A. DD Form 149, dated 21 Jul 14, with atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 16 Feb 15.
Exhibit D. Letter, SAF/MRBR, dated 17 Mar 15.
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