RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02837
								INDEX CODE:  107.00, 113.00
	XXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect temporary duty (TDY) in Vietnam, and entitlement to the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM).

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APPLICANT CONTENDS THAT:

In 1968, he was TDY to Cam Ranh Bay, Vietnam, for a period of three months.  

He needs his records corrected to assist with his pending claim with the Department of Veterans Affairs (DVA).

In support of his appeal, he has provided copies of a Letter of Transmittal and Aeronautical Order (AO) Number 75, dated 20 June 1968.

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

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 28 May 1965, and served as an aircraft inertial and radar navigation systems repairman until his release from active duty on 27 November 1968.  His AF Form 7, Airman Military Record, reflects a 36-day TDY to Southeast Asia (SEA) for the period 22 February 1968 – 28 March 1968.  He is entitled to wear the Small Arms Expert Marksmanship Ribbon, National Defense Service Medal, and the Air Force Good Conduct Medal.

The VSM is awarded to all members of the Armed Forces of the U.S. serving at any time between 4 July 1965 and 28 March 1973, in Vietnam, its contiguous waters, or airspace thereover, or in Thailand, Laos, or Cambodia, or the airspaces thereover, and in direct support of operations in Vietnam.  To be eligible, a member must serve on temporary duty for 30 consecutive days or 60 nonconsecutive days, although those time limitations may be waived for personnel participating in actual combat operations.

The RVNCM is awarded to members of the Armed Forces of the U.S. who served for six months in South Vietnam during the period 1 March 1961 to 28 March 1973, or served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months.  Only members of the U.S. Armed Forces who meet the criteria established for the VSM or the Air Force Expeditionary Medal (Vietnam) during the period of service required are considered to have contributed direct combat support to the RVN Armed Forces.  It may be awarded to those members who did not complete the required length of service but who, during wartime, were wounded by the enemy in a military action, captured by the enemy during action or in the line of duty but later released or rescued, or killed in action or in the line of duty.  It may also be awarded to those members who were assigned in Vietnam on 28 January 1973, and who served a minimum of 60 calendar days in Vietnam during the period 29 January 1973 to 28 March 1973.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of the applicant’s request to correct his records to reflect TDY in Vietnam as there are no documents that specifically show a place and time the applicant was on the ground in Vietnam.  They requested he check his personal files to see if he might have such documentation and he furnished an AO issued in 1968; however, the AO does not provide any substantiation of service in Vietnam.

The AFPC/DPAAP evaluation, with attachment, is at Exhibit C.

AFPC/DPSIDR recommends denial of the applicant’s request for entitlement to the VSM and RVNCM as there are no documents that specifically show a place and time the applicant was on the ground in Vietnam.

The AFPC/DPSIDR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On approximately 15 February 1968, he was first sent to Tachacowa AB, Japan, then to Cam Rahn Bay, RVN.  He attached two signed statements from then-airmen, stating that they served with him during the 1968 TET Offensive at Cam Rahn Bay, Vietnam. 

The applicant’s complete submission, 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Although his Personnel Records do indicate he was TDY to SEA, they do not indicate the location of this TDY.  Should he provide documentation that he was TDY to Vietnam, the Board would be willing to reconsider his request.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 Docket Number BC-2007-02837 in Executive Session on 16 April 2008, under the provisions of AFI 36-2603:

											BC-2007-02837

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel
                Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 29 Jan 08, w/atch.
    Exhibit D.  Letter, AFPC/DPSIDR, dated 21 Feb 08.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Feb 08.
    Exhibit F.  Letter, Applicant, dated 4 Mar 08, w/atchs.