RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02484
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM) and that his records reflect he served in Vietnam.

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APPLICANT CONTENDS THAT:

While he was on tour at Taiwan from 18 Mar 68 to 13 Apr 69, he was sent on temporary duty (TDY) to Vietnam. In lieu of TDY orders, which he does not have, he submits his “US Government Motor Vehicle Operator’s Identification Card” (AF Form 46). The card is stamped “Valid Tuy Hoa Vietnam” across the front and should be accepted as evidence.  

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

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STATEMENT OF FACTS:

The applicant entered active duty on 15 Nov 65. During the period in question, he was assigned to the 314 Field Maintenance Squadron (FMS) at Chin Chuan Kang AB, Taiwan, as an aircraft turbo prop mechanic. A performance report while he was assigned in Taiwan covers the period 15 Nov 67 through 14 Nov 68 and has an overall rating of 8 (Exhibit B). 

The applicant’s medical records reflect he received treatment in Taiwan on the following dates: 21 Mar 68, 19-24 Apr 68 (hospitalized), 26 Apr 68, 24 May 68, 10 Jun 68, 19 Sep 68, 1 Nov 68 and 21 Nov 68.  His separation physical was administered on 15 Feb 69 at the 6217th USAF Hospital in Taiwan (Exhibits B and D). 

On a “Statement of Service in Southeast Asia,” signed and dated by the applicant on 20 Mar 68, he certified that he had not performed TDY of 15 or more consecutive days in Southeast Asia and/or participated in TDY as an aircrew or non-aircrew member in combat missions over hostile areas outside of the Republic of Vietnam since 1 Nov 61 (Exhibit D).

The Operator’s Identification Card (AF Form 46) submitted by the applicant has an issue date of 27 Mar 68 and is stamped “Valid Tuy Hoa Vietnam” across the front (Exhibit A). The “Operator Qualifications and Record of Licensing, Examination and Performance” (DD Form 1360), dated 28 Mar 68, shows the card was issued by the 6217th Transportation Squadron, in Taiwan (Exhibit D). 

The applicant was honorably released from active duty in the grade of sergeant on 13 Apr 69.  He had 3 years, 4 months and 29 days of active service, of which 1 year and 25 days are reflected as foreign and/or Southeast Asia service.

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AIR FORCE EVALUATION:

HQ AFPC/DPAPP2 notes there are no documents in the applicant’s records that could be used to verify service in Vietnam. However, the advisory author asserts that stamping the location of bases in Vietnam was the normal procedure and the driver’s license was only stamped when the member arrived at the base in Vietnam. The author vouches that when he arrived at Phang Rang AB, Vietnam in 1969, he had to get his Operator’s Identification Card stamped before he could drive a vehicle on Phang Rang AB, Vietnam. The author recommends the applicant be credited with at least 30 days TDY to Tuy Hoa AB, Vietnam during 18 Mar 68 to 13 Apr 69. 

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPR advises that eligibility for the VSM requires a member to be deployed for 30 consecutive or 60 nonconsecutive days in direct support of operations in Vietnam or, as an aircrew member, flying into or over Vietnam one time. The applicant was a non-crew member. While the Operator’s Identification Card supplied by the applicant is stamped “Valid Tuy Hoa Vietnam” across the front, the “Operator Qualifications and Record of Licensing, Examination and Performance” (DD Form 1360) shows the card was issued on 28 Mar 68 by the 6217th Transportation Squadron, in Taiwan [emphasis advisory’s].  While HQ AFPC/DPAPP@ recommends credit for at least 30 days of TDY to Tuy Hoa, Vietnam during the period 18 Mar 68 to 13 Apr 69, they did not verify a specific 30 days and the applicant has never stated any specific dates that he claims he was in Vietnam. The advisory author cites the applicant’s medical records recording the time he was in Taiwan as well as the 20 Mar 68 “Statement of Service in Southeast Asia” form. DPPPR believes it is impossible to verify that the applicant was in Vietnam for 30 consecutive or 60 nonconsecutive days.  His Vehicle Operator’s License was issued in Taiwan and there is no way of knowing when the “Tuy Hoa Vietnam” stamp was placed on it.  It could not be stamped on 18 Mar 68, or any date prior to 28 Mar 68, because it was not issued until then.  If it was stamped in Vietnam any time after 28 Mar 68, the applicant could not have been there for 30 days since his medical records show he was in a fistfight in Taiwan on 18 Apr 68 and was hospitalized until 24 Apr 68. Without official documentation showing he was in Vietnam for 30 consecutive or 60 nonconsecutive days, DPPPR cannot verify the applicant’s eligibility for the VSM. Further, awarding the applicant the VSM would be an injustice to those veterans who actually served in Vietnam and would degrade the prestige of this medal. Denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit D.
 
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant agrees with HQ AFPC/DPAPP2’s advisory. He contends he arrived in Taiwan in Mar 68, not 8 Nov 67. He had a 13-month tour and left in Apr 69. On 8 Nov 67 he was still at Langley AFB. He was released from the Air Force on 13 Apr 69 because the 13-month tour at Chin Chuan Kang AB, Taiwan, made him eligible for early release. He believes his TDY experience occurred some time during his last 90 days at Chin Chuan Kang AB.  He includes a map of Tuy Hoa, RVN, and a copy of a letter he sent his Senator on this matter.
 
The applicant’s complete response, with attachments, is at Exhibit F.

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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 error or injustice to warrant award of the VSM. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the available evidence and the rationale provided by HQ AFPC/DPPPR. HQ AFPC/DPAPP2 recommends the applicant be credited with at least 30 days TDY based on the stamped operator’s card. However, although the operator’s card was stamped “Valid Tuy Hoa Vietnam,” we note it was issued in Taiwan and his medical records indicate he was hospitalized there shortly after the card was issued. While the possibility exists that the applicant may have been in Vietnam at some time, he has provided no evidence verifying that he was TDY there for 30 consecutive or 60 nonconsecutive days. He does not submit evidence or TDY orders/Travel Vouchers substantiating he was deployed to Vietnam for any specific dates or for the length of time necessary to qualify for the VSM. The applicant has failed to sustain his burden of having suffered either an error or an injustice and, in view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 20 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-02484 was considered:

   Exhibit A.  DD Form 149, dated 18 Jul 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP2, dated 26 Aug 02.
   Exhibit D.  Letter, HQ AFPC/DPPPR, dated 21 Oct 02, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 25 Oct 02.
   Exhibit F.  Letter, Applicant, undated, w/atchs.