RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03763
		INDEX CODE:  107.00
		COUNSEL:  

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

While he was stationed in Thailand his unit sent him on Temporary Duty (TDY) to Vietnam in 1973.

In support of the request, the applicant provides two copies of AF Form 626, Request and Authorization for Temporary Duty – Military, dated 11 Apr 75 and 21 Apr 75, two Headquarters 3rd Security Police Squadron letters, and a copy of his DD Form 214, Report of Separation from Active Duty.

The 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 11 Jul 72, and was progressively promoted to the grade of sergeant.  His DD 214, issued upon his separation reflects a separation date of 10 Jul 76, and that he served a total of four years of active 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, and 3 months of Foreign and/or sea service.

On 28 Jan 09, his records were administratively corrected to reflect award of the Air Force Outstanding Unit Award (AFOUA).

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.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP indicates that a thorough review of the applicant’s records failed to provide any documentation that substantiates any time in Vietnam.  There was no evidence the applicant was TDY or assigned to Vietnam.  There are no documents or evidence within his records that reflect he served in Vietnam.

The complete AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSIDR recommends denial and indicates that according to the applicant’s records, he served in Guam from 1 Aug 74 through 27 Nov 75.  No official documentation was provided that verifies he was assigned TDY to Vietnam.  Nonetheless, based on the inclusive period for award of the VSM he did not meet necessary requirements for consideration.  

The complete AFPC/DPSIDR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The pictures he provided were taken in Vietnam after being sent there on several occasions, as authorized by the orders he provided.

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.  We note the applicant’s records were administratively corrected to reflect award of the AFOUA.  However, after a thorough review of the applicant’s submission and the available evidence of record, we are not persuaded that he should be awarded the VSM.  While we acknowledge the record of evidence reflects he served during the Vietnam Conflict and was assigned to Anderson AFB, Guam, from 1 Aug 74 to 27 Nov 75, the VSM is awarded to all Armed Forces personnel who, between 4 Jul 65 and 28 Mar 73, served in areas of Southeast Asia in direct support of US military operations.  As such, the applicant is ineligible for award of the VSM since his tour was completed after the inclusive award period for the VSM.  In view of the above, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion 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.

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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-2008-03763 in Executive Session on 2 Apr 09 and 1 Sep 09, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Acting Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 8 Oct 08, w/atch.
	Exhibit B.	Applicant’s Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPAPP, dated 31 Dec 08.
	Exhibit D.	Letter, AFPC/DPSIDR, dated 29 Jan 09.
	Exhibit E.	Letters, SAF/MRBR, dated 13 Feb 09.
	Exhibit F.	Letter, Applicant, dated 3 Mar 09, w/atchs.