RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02667 INDEX CODE:	107.00
XXXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect the Bronze Star Medal (BSM), Purple Heart (PH), Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM).

APPLICANT CONTENDS THAT:
He was awarded these medals while serving with the Air Force but they were not entered on his DD Form 214. He is applying for medical benefits from the Veteran Affairs office and needs these awards documented.

In support of his request, the applicant provides a copy of his DD Form 214.

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

STATEMENT OF FACTS:
On 15 Jul 71, the applicant enlisted in the Regular Air Force. He was progressively promoted to the grade of sergeant having assumed the grade effective and with a date of rank of 1 Apr 75. He was honorably released from active duty on 23 May 75. He served 3 years, 10 months and 8 days on active duty of which 1 year and 3 days was foreign service.

AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states that the VSM is awarded to all service members of the Armed Forces who between
4 Jul 65 - 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 direct support of military operations in Vietnam. According to official

documentation, DPSIDR states the applicant completed his tour to Thailand after the inclusive award period for the VSM. The RVNCM is awarded to members of the Armed Forces who served for six months in South Vietnam or outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces or for an aggregate of six months during the period
1 Mar 61 - 28 Mar 73.  The applicant served in Thailand from
3 May 73 - 20 Apr 74, which makes him ineligible for award of the RVNCM. According to DPSIDR, without the required special orders to verify his entitlement to the BSM and PH, they recommend disapproval for both decorations.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 31 Oct 08 for review and comment within 30 days. As of this date, this office has received no response.

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, it appears that his DD Form 214 correctly reflects the award he is entitled and he has not provided evidence showing entitlement to any of the additional awards he is requesting. Therefore, we agree with the assessment of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of either an error or injustice. In the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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.

The following members of the Board considered AFBCMR Docket Number BC-2008-02667 in Executive Session on 6 Jan 09, under the provisions of AFI 36-2603:

Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-02667 was considered:

Exhibit A.	DD Form 149, dated 14 Jul 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSIDR, dated 15 Oct 08. Exhibit D.	Letter, SAF/MRBR, dated 31 Oct 08.

Office of the Assistant Secretary

DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC