RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01725
		INDEX CODE:  107.00
		COUNSEL:  XXXXXXXXXX

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal (RVNCM).

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APPLICANT CONTENDS THAT:

He served in Southeast Asia and is eligible for these awards.

In support of his request the applicant submits, a copy of AF Form 1710, Uniformed Military Personnel Record, and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 Nov 71, and was progressively promoted to the grade of sergeant.  His DD 214, issued upon his separation reflects a separation date of 17 Nov 75, and that he served a total of four years active duty service.

His DD 214 also reflects award of the National Defense Service Medal and the Air Force Good Conduct Medal.  He served a total of one year, four months and four days Foreign and/or sea service.

The VSM is awarded to all service members of the Armed Forces who between 4 July 65 and 28 Mar 73, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam.

The RVNCM is awarded to members of the Armed Forces of the United States who served for six months in South Vietnam, during the period 1 Mar 61 to 28 Mar 73.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial and indicates the applicant’s records reflect that he was stationed at Kadena AB, Japan, from Nov 71 to Jun 73.  They have no option but to recommend his request for award of the VSM and the RVNCM be denied, as there are no documents that reflect he served in Vietnam.

The AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSIDR recommends denial and indicates that DPAPP was unable to verify applicant served in Vietnam.  Without Foreign Service credit from the DOA that verifies service in Vietnam, they are unable to verify that he met the criteria for award of the requested medals.

The AFPC/DPSIDR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He does not have a copy of his orders because his wallet was stolen while he was in Thailand.  He spent 41 days in Da Nang, South Vietnam, before being sent to Thailand and back to Kadena AB, Japan.

In further support of the application, he provides a copy of AF Form 1712, Uniformed Personnel Record that states he served 114 days in Southeast Asia.  

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.  After a thorough review of the applicant’s submission and the available evidence of record, the Board was not persuaded that he should be granted the requested relief.  While the Board acknowledges the AF Form 1712, dated 3 Jun 75 the applicant submitted in support of his application, reflects he served 114 days in Southeast Asia (SEA), the document does not show where he served in SEA or the timeframe in which he served.  Therefore, the Board cannot establish, with reasonable certainty, that he meets the criteria set forth for award of the requested medals.  In view of this, 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.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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-2008-01725 in Executive Session on 16 Dec 08, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 2 May 08, w/atchs.
	Exhibit B.	Applicant’s Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPAPP, dated 5 Sep 08.
	Exhibit D.	Letter, AFPC/DPSIDR, dated 14 Oct 08.
	Exhibit E.	Letter, SAF/MRBR, dated 31 Oct 08.
	Exhibit F.	Letter, Applicant, dated 3 Nov 08.

	XXXXXXXXXX
	Panel Chair