RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01603 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former spouse’s DD Form 214, Report of Separation from Active Duty, be corrected to show that he was awarded: a. The Air Force National Defense Service Medal (NDSM). (Administratively corrected) b. The Vietnam Service Medal (VSM). c. The Republic of Vietnam Campaign (RVCM). _________________________________________________________________ APPLICANT CONTENDS THAT: The deceased member supported “Project Briar Patch” while on temporary duty assignments in the Republic of Vietnam from 4 January to 27 February 1966 and 1 July to 1 August 1966. In support of her request, the applicant provides copies of his DD Form 214, his Certificate of Death, his Certification of Hostile Duty Pay, his AF Form 626, Temporary Duty Order – Military, his military travel ticket, and marriage certificate. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The deceased member was honorably retired from the Air Force on 30 June 1975. He served 20 years, 10 months and 7 days of total active service. The National Defense Service Medal (NDSM) was established by Executive Order 10448, 22 April 1953, as amended by Executive Order 11265, 11 January 1966 and Executive Order 12776, 18 October 1991. It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 to a date to be determined. 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 and in the direct support of military operations in Vietnam for 30 consecutive days or 60 nonconsecutive days. The RVNCM is a foreign award awarded to members of the Armed Forces of the United States who served for six months in South Vietnam during the period 1 March 1961 and 28 March 1973. The applicant was there from 26 November 1973 to 17 August 1974; outside the inclusive period for this award. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states the applicant did not complete the required 30 consecutive or 60 nonconsecutive days for the VSM, nor did he complete the required six months for the RVCM. The complete DPSIDRA 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 17 September 2010 for review and comment within 30 days. As of this date, this office has received no response (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. 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 offices of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the applicant’s records will be administratively corrected to reflect award of the NDSM. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any further relief. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-01603 in Executive Session on 30 November 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 3 Sep 10. Exhibit D. Letter, SAF/MRBR, dated 17 Sep 10.