RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02842
		INDEX CODE:	107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show his service in Vietnam and he be awarded the Vietnam Service Medal (VSM).

2.  In a supplemental statement, the applicant requests that his Air Force Commendation Medal (AFCM) be added to his DD Form 214.

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APPLICANT CONTENDS THAT:

He served in Vietnam while stationed in Japan during a temporary duty (TDY) assignment installing a radar set.  Attending a mandatory training school forced him to leave Japan three months early possibly causing this error in his records. 

In support of his request, the applicant provided a witness statement, a copy of his DD Form 214, AF Form 1712, Uniform Military Personnel Record, Special order G-65, AF Form 77a, Letter of Evaluation and copies of his AF Forms 910, Airman Performance Report (APR).

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military personnel records reflect he enlisted on active duty on 22 October 1951.

On 31 March 1972, he was honorably discharged and on 1 April 1972, he was retired in the grade of master sergeant.

He served 20 years, 5 months and 9 days on active duty.

The VSM is awarded to all service members of the Armed Forces who between 4 July 1965 and 28 March 1973, 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 on temporary duty for 30 consecutive days or 60 nonconsecutive days. 
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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states after a thorough review of the applicant's military records, they are unable to find or verify he was TDY or assigned to Vietnam.  

The complete DPAPP evaluation is attached at Exhibit B.

AFPC/DPSIDR recommends denial.  DPSIDR states the Directorate of Assignments (DOA) was unable to verify the applicant was assigned or TDY to Vietnam.  The applicant was asked to provide official documentation verifying his service in Vietnam; however, he did not respond.  Therefore, his service in Vietnam could not be verified.  Without verification that he served the required number of days in Vietnam, DPSIDR is unable to verify if he meets the criteria for award of the VSM. 

The complete DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant responded stating it is unfortunate records covering the period he served on active duty are not maintained. For security reasons Vietnam was not used on documents such as performance reports instead Southeast Asia was used.  The fact that the system does not keep records covering the period he served is not a reason to deny his request for recognition of his service in Vietnam.  If the records were kept he is certain there would be documents to confirm his assignment to Vietnam.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting correction of his records to reflect award of the VSM.  In this respect, in support of his appeal the applicant provided a witness statement from an individual contending that the applicant accompanied him on a deployment to South Vietnam to install a Radar Set, for which he awarded the VSM.  We note that the applicant’s APR for the period 10 October 1965 through 9 October 1966 contains a statement reflecting his deployment to Southeast Asia to perform installation of a Radar Set.  Accordingly, it is our opinion that the applicant has established reasonable doubt as to whether he served in Vietnam and we believe the benefit of doubt in this matter should be resolved in his favor.  Notwithstanding the above, other that amending his DD Form 214 to reflect award of the VSM, indicating specific areas in which members served during a period of service is not authorized for entry on the DD Form 214; therefore, that portion of his request cannot be favorably considered.  Regarding his request that his AFCM awarded on 13 Jun 1959, be added to his DD Form 214, we note that the AFCM is currently reflected on his DD Form 214 covering the period of service in which it was awarded, between 12 April 1958 and 11 April 1964.  In view of the above, we recommend his records be corrected only to the extent indicated below. 

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Vietnam Service Medal (VSM).

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The following members of the Board considered AFBCMR Docket Number BC-2008-02842 in Executive Session on 5 November 2008, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02842 was considered:

Exhibit A.  DD Form 149, dated 22 July 2008, w/atchs.
Exhibit B.  Letter, HQ AFPC/DPSIDR, dated 9 September 2008.
Exhibit C   Letter, HQ AFPC/DPAPP, dated 4 September 2008.
Exhibit D.  Letter, SAF/MRBR, dated 19 September 2008.

                                   
                                   Panel Chair

AFBCMR BC-2008-02842

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Vietnam Service Medal (VSM).

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency