RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02775
				INDEX CODE:  107.00
				COUNSEL:  NONE
				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Vietnam Service Medal (VSM).

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APPLICANT CONTENDS THAT:

He believes he is entitled to the VSM.

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

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 8 Jan 69, the applicant contracted his initial enlistment 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 Sep 70.  He had one year of foreign service.  He was honorably discharged on 11 Dec 72.

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AIR FORCE EVALUATION:

HQ AFPC/DPAPP recommends denial.  DPAPP states a review of the applicant's military records did not produce any evidence to show he was TDY or assigned in Vietnam.

AFPC/DPAPP's complete evaluation is at Exhibit C.

HQ AFPC/DPSIDR recommends denial.  DPSIDR states the VSM is awarded to service members who between 4 Jul 65 and 28 Mar 73, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos, Cambodia and in direct support of military operations in Vietnam.  His Enlisted Performance Report for the period ending 6 Dec 72 reflects he was sent to Kadena Air Base from 2 Dec 71 through 1 Dec 72 and Block VII states He has demonstrated outstanding initiative and job performance in support of our flying responsibilities in Southeast Asia.  However, there is no indication as to which country he was flying into.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Sep 08, for review and comments within 30 days.  As of this date, no response has been received by this office.

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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 decision that the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice.  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 AFBCMR Docket Number BC-2008-02775 in Executive Session on 23 Oct 08, under the provisions of AFI 36-2603:

				Chair
				Member
				Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02775 was considered:

	Exhibit A.	DD Form 149, not dated, w/atch.
	Exhibit B.	Applicant's Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPAPP, dated 18 Aug 08.
	Exhibit D.	Letter, HQ AFPC/DPSIDR, dated 10 Sep 08.
	Exhibit E.	Letter, SAF/MRBR, dated 19 Sep 08.

					
					Chair