ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03600
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, be amended to reflect that he served in
Vietnam.
His DD Form 214 be amended to reflect he was awarded the
following awards:
Air Force Outstanding Unit Award (AFOUA) (Will be
administratively corrected);
National Defense Service Medal (NDSM) (Already reflected on
DD Form 214).
Presidential Unit Citation (PUC);
Vietnam Campaign Medal (VCM);
Small Arms Expert Marksmanship Ribbon (SAEMR);
Air Medal (AM).
APPLICANT CONTENDS THAT:
The Air Force confirmed he served during the Vietnam Summer-Fall
Campaign from 15 June 1969 to 4 October 1969 for 3 months and
19 days. His DD Form 214 reflects 3 months and 24 days of
foreign service. However, the Air Force will not include the
Vietnam location on his DD Form 214. It is unjust to not
identify the location of his foreign service.
In support of his requests, the applicant provides copies of
news article, e-mail communique, a picture of a ribbon bar that
includes the requested awards.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 11 August 1966, the applicant entered active duty and was
honorably discharged on 10 August 1970.
On 1 July 2014, the Board considered and denied a similar appeal
(BC-2013-04172) requesting that he be awarded the PUC, AFOUA
with three Bronze Oak Leaf Clusters (AFOUA w/3 BOLCs), AM, SAEMR
and the VCM. The Board determined there was insufficient
evidence presented to substantiate an error or injustice and
denied his requests. For an accounting of the facts and
circumstances surrounding the applicants requests, and, the
rationale of the earlier decision by the Board, see the Record
of Proceedings at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial of the applicants request to amend
his DD Form 214 to reflect that he served in Vietnam. DODI
1336.01, Certificate of Release or Discharge from Active Duty DD
Form 214/5 Series, and governing Air Force instructions and
policy do not authorize the listing of deployment or service on
foreign soil by name on a DD Form 214.
The applicants DD Form 214 reflects service by receipt of the
Vietnam Service Medal with a Bronze Service Star. As proof of
his foreign service location, the applicant was provided a
memorandum by HQ AFPC/DPSIDR dated 13 November 2012, which
states We were able to verify you served during the Vietnam
Summer-Fall Campaign which spanned from 15 June 1969 to
4 October 1969 which qualifies you for one Bronze Service Star
to your previously awarded Vietnam Service Medal. Such
statements are recognized by veteran support agencies, as not
listing foreign service locations is universal within the DOD.
The applicant failed to provide supporting documentation to
support the absence of Vietnam as a service location was in
error and counter to governing directives and instructions or
outline an injustice by the absence of such a statement. DPSOR
finds no errors in the applicants DD Form 214.
A complete copy of the DPSOR evaluation is at Exhibit D.
AFPC/DPSID recommends disapproval of the requests for award of
the PUC, SAEMR and VCM. The applicant previously submitted a DD
Form 149 for some of the same awards as this request. Per
AFBCMR memorandum dated 4 August 2014, the Board denied the
applicants requests. At this time, the applicant has not
submitted any new relevant documentation that was not already
considered by the Board.
DPSID was still unable to verify the applicant served with a
unit that received award of the PUC while he was assigned to the
unit or that he qualified as expert in small-arms marksmanship
with either the M-16 rifle or issue handgun. The applicants
foreign service time of 3 months and 24 days does not meet the
criteria of an aggregate of 6 months in the area of eligibility
for award of the VCM. To grant relief would be contrary to the
criteria established by DODM 1348.33, Manual of Military
Decorations and Awards, the Secretary of the Air Force and the
Chief of Staff.
Based on a review of the applicants official military personnel
record, DPSID was able to determine the applicant should have
been awarded the AFOUA and the NDSM for his service from
11 August 1966 to 10 August 1970. The NDSM is annotated on his
DD Form 214; therefore no update of this award is required.
Upon the Boards final decision, administrative correction of
the applicants record will be completed by AFPC/DPSOR for award
of the AFOUA.
A complete copy of the DPSID evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
His DD Form 214 indicates 3 months and 24 days; he asks
acknowledgment of what campaign periods this represents. Once
verified, the two campaign periods will support for an aggregate
of 6 months qualifying him for the VCM.
He notes the ribbon bar reflects the AM. He has enclosed a
description for the event in support for the AFOUA and the
Republic of Vietnam Gallantry Cross for award of the AM.
The applicants complete submission, with attachments, is at
Exhibit G.
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. We have thoroughly reviewed the evidence of record and
considered the weight and relevance of the additional
documentation provided by the applicant, and whether or not it
was discoverable at the time of any previous application.
However, since no new and relevant evidence has been provided,
we find the requests for award of the PUC, VCM, SAEMR and the AM
do not meet the criteria for reconsideration. As the applicant
has been previously advised, reconsideration is provided only
where newly discovered relevant evidence is presented which was
not available when the application was submitted. Further, the
reiteration of facts we have previously addressed,
uncorroborated personal observations, or additional arguments on
the evidence of record are not adequate grounds for reopening a
case. Therefore, in view of the above and in the absence of new
and relevant evidence, we find no basis to reconsider the
applicants request.
THE BOARD DETERMINES THAT:
The applicant be notified the additional evidence presented did
not meet the criteria for reconsideration by the Board; 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-2014-03600 in Executive Session on 10 June 2015 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 27 August 2014,
23 October 2014 and 23 March 2015, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Record of Proceedings, BC-2013-04172, dated
1 August 2014.
Exhibit D. Memorandum, AFPC/DPSOR, dated 17 December 2014.
Exhibit E. Memorandum, AFPC/DPSID, dated 12 February 2015,
w/atch.
Exhibit F. Letter, SAF/MRBR, dated 25 March 2015.
Exhibit F. Letter, Applicant, dated 31 March 2015,
w/atchs.
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