RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01068 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to show his entitlement to the Vietnam Service Medal (VSM). 2. His records be corrected to reflect additional Foreign Service, and his service in Vietnam (Will be Administratively Corrected). _________________________________________________________________ APPLICANT CONTENDS THAT: While on temporary duty (TDY) to Taiwan, he was responsible for all aircraft supplies for Taiwan and Vietnam. He flew in an out of Da Nang Air Base, Vietnam, and served two six month tours in Vietnam. In support of the appeal, the applicant provides copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and extracts from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 5 Oct 62 and was progressively promoted to the grade of sergeant. On 10 Nov 66, he was released from active duty for (Expiration of Term of Service) with service characterized as honorable. He served a total of 3 years, 11 months, and 29 days of active service. On 12 Jun 10, AFPC/DPAPP verified the applicant’s Foreign Service time to be one year, ten months five days, and that he had “boots on ground” in Vietnam. However, they were unable to determine how long the applicant served in Vietnam. The Vietnam Service Medal (VSM), created on 8 Jul 65, is awarded to all service members of the Armed Forces 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 or Cambodia or the airspace there over and while the AFPC website incorrectly indicates “or”] in the direct support of military operations in Vietnam. The specific eligibility criteria requires a member to be attached to or directly serving for one or more days with an organization, or aboard a naval vessel, directly supporting military operations; actually participate as a crew member on one or more aerial flights directly supporting military operations; or serve on temporary duty (TDY) for 30 consecutive or 60 nonconsecutive days, although these time limitations may be waived for personnel participating in actual combat operations. However, no member may be issued both the AFEM and the VSM for service in Vietnam. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states that since AFPC/DPAPP is unable to establish the exact dates the applicant had boots on ground in Vietnam, they are unable to verify his entitlement to the VSM. The complete 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 30 Jul 10, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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 an error or injustice regarding the applicant’s request for award of the VSM. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice regarding the VSM. We note the applicant’s records will be corrected to reflect that he served one year, ten months, and five days Foreign Service, and that he had “boots on ground” in Vietnam. In the absence of persuasive evidence to the contrary, we find no basis to recommend any further relief. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of a 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 Docket Number BC- 2010-01068 in Executive Session on 4 Nov 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 1 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10.