RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02010 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His father’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show medals for service in Vietnam. _________________________________________________________________ APPLICANT CONTENDS THAT: The deceased member’s medical records indicate he received medical attention in Saigon, Vietnam, and Bangkok, Thailand. Due to his medical condition, he was transferred to Japan to continue medical treatment. The deceased member was a crewmember in the 7th Aerial Port Squadron in 1962 and flew in Vietnam airspace, which entitles him to the Vietnam Service Medal. In support of his request, the applicant provides a personal letter, copies of extracts from the deceased member’s medical records, Certificate of Death, and the Armed Forces Expeditionary and Vietnam Service Medals criterion. 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 19 June 1963 in the grade of master sergeant. He served 25 years and 1 day of total active service. The AFEM is awarded to member of the United States Armed Forces who, after 1 July 1958, have participated in a United States military operation or encountered foreign-armed opposition, or were in danger of hostile action by foreign armed forces. In order to be eligible for award of the AFEM the member had to have served on the ground in the areas of eligibility (AOE). 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. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states there is no official documentation in the deceased member’s military record that verifies he was deployed in any military operations that would qualify him for award of the AFEM. In regards to the VSM, DPSIDR was able to verify he served in Vietnam on or about 15 June 1962. 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 19 November 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 error or injustice. After thoroughly reviewing the evidence of record, we are not persuaded the requested relief should be granted. We do not find the evidence provided qualifies the deceased member for the awards requested. Therefore, we agree with opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the deceased member has not been the victim of an error or injustice. Should the applicant provide further evidence, we would be inclined to reconsider his application. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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- 2010-02010 in Executive Session on 13 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 10 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 19 Nov 10.