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AF | BCMR | CY2014 | BC 2014 03253
Original file (BC 2014 03253.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03253

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His records be corrected to reflect the decorations/medals earned while serving in Vietnam and credit him with the time spent in country.  


APPLICANT CONTENDS THAT:

He flew as a C-130 crew chief into Vietnam, on support missions, two to three weeks prior to returning to Ching Chuan Kang Air Base.  However, records are not kept on temporary duty tours that are less than 30 days.  He served honorably and would like his military records to show the decorations/medals earned during his tour in Vietnam.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 December 1969.  

On 15 April 1971, the applicant was furnished an honorable discharge, and was credited with four years and five days of active service.  

On 5 December 2011, AFPC/DPAPP notified the applicant that after a complete review of his official military records, they were able to verify and confirm “boots on ground” and foreign service time at Ching Chuan Kang Air Base, Taiwan, from 11 August 1967 to 15 September 1968, for one year, one month, and five days.  Furthermore, they were able to verify during the spring of 1968, he was on temporary duty to Khe Sanh Marine outpost in the Republic of Vietnam.  Unfortunately, they were unable to determine the exact amount of time for this temporary duty.  As such, he was provided a letter as proof of “boots on ground” for the Republic of Vietnam and Taiwan and a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting his Foreign Service time.  

An analysis of the applicant’s records revealed his entitlement to the following Air Force Medals and/or Ribbons and will be corrected administratively:  

a.  Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster (AFOUA w/V & 1BOLC).  

b.  National Defense Service Medal (NDSM).  

c.  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.  The Vietnam Service Medal (VSM) is awarded to all service members of the United States Armed Forces serving at any time after 3 July 1965 and before 28 March 1973, in the areas of eligibility (AOE).  The AOE is defined as:  Vietnam, its contiguous waters, or the airspace there over; in Thailand, Laos, or Cambodia, their contiguous waters, or the airspaces there-over, and in direct support of operations in Vietnam.  To be eligible, a service member must have served on temporary duty (TDY) for 30 consecutive or 60 non-consecutive days.  These time limitations may be waived for personnel who participated in actual combat operation.  The Republic of Vietnam Campaign Medal (RVCM) is awarded to members who: (1) served for six months in South Vietnam during the period 1 March 1961 and 28 March 1973; (2) served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months.  

After a thorough review of the applicant’s official military personnel records, the Air Force Personnel Center, Directorate of Assignments was unable to verify the applicant served on temporary duty for 30 consecutive days or 60 nonconsecutive days in the area of eligibility for award of the VSM.  In addition, there is no documentation verifying he was in the area of eligibility for an aggregate of 6 months in support of the Vietnam Armed Forces for award of the RVCM.  To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department.  

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He provided articles which identifies him as a crewmember aboard the first C-130 Hercules transport to land at Khe Sanh Marine outpost in Vietnam.  One article indicated he served eight months in Vietnam and his Foreign Service summary of his military records list a Southeast Asia (SEA) temporary duty (TDY) for 17 days.  Furthermore, one of his missions in country was a TDY to Cam Rahn Bay, in which the aircraft was lost.  According to a document entitled, “USAF Personnel Rotation in Southeast Asia”, the Pacific Air Command Air Forces (PACAF) recommended that units ensure approved recognition for C-130 aircrews of SEA combat missions were documented in Field Personnel Records, with particular attention to:  1) Vietnam Service Medal; 2) recording of combat participation; 3) entry in the remarks section of AF Form 7, Airman Military Record, regarding cumulative days in Vietnam of less than 30 consecutive days.  In addition, the original USAF policy stipulated that personnel would be credited for TDY performed in SEA only if time spent was for 30 continuous days or more; however, change in policy was allowed to credit time for 15 continuous days or more.  The change was a result of efforts to obtain added recognition of C-130 aircrews that spent “short-burst” periods of TDY in SEA from the PACAF area.  

A complete copy of the applicant’s response is at 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, including his rebuttal response, in judging the merits of the case; however, due to the absence of official documentation that verifies his foreign service in Vietnam we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted.  


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-2014-03253 in Executive Session on 31 March 2015 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 August 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 14 October 2014.
	Exhibit D.  Letter, SAF/MRBR, dated 6 February 2015.
	Exhibit E.  Applicant's Submission, undated.


						




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