RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01548 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Vietnam Service Medal (VSM). 2. He be awarded the National Defense Service Medal (NDSM) – administratively corrected. _________________________________________________________________ APPLICANT CONTENDS THAT: He is entitled to the NDSM and VSM for his service. His records can verify his entitlement to these medals. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The VSM criterion: The VSM was created by Executive Order 11213, 8 Jul 65. It 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 contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP cannot confirm his TDY to Vietnam. However, based on the applicant’s evaluation reports, DPAPP states it is reasonable to assume that he served his combat missions in Vietnam. A complete copy of the DPAPP evaluation is at Exhibit C. AFPC/DPSIDR recommends denial of the VSM. However, they were able to verify his entitlement to the NDSM. The DPSIDR complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 29 Oct 10 for review and response. As of this date, no response has been received by this office (Exhibit E). _________________________________________________________________ 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 error or injustice warranting the award of the VSM. In this respect, based on the applicant’s foreign service as a boom operator and his performance reports that reflect participation in the SEA conflict, we find it reasonable to believe the applicant served in Vietnam. Accordingly, in recognition of the former member’s service to the nation and to preclude a possibility of an injustice, it is our opinion that any doubt in this matter should be resolved in the applicant’s favor. In addition, we note the Air Force office of primary responsibility has agreed to administratively correct the applicant’s record to reflect award of the NDSM. Therefore, we recommend the records be corrected as indicated below. _________________________________________________________________ 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). _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01548 in Executive Session on 19 Jan 11, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 17 Sep 10. Exhibit D. Letter, AFPC/DPSIDR, dated 20 Oct 10. Exhibit E. Letter, SAF/MRBR, dated 29 Oct 10.