RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03271 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM). ________________________________________________________________ THE APPLICANT CONTENDS THAT: While stationed in Japan, in 1966 and 1967, he went on several missions from Japan to Cam Rahn Bay, Vietnam. He has provided proof of his Vietnam service to the Department of Veterans Affairs (DVA). In support of his appeal, the applicant provides a copy of Special Order AB-3741, dated 1 Jul 65 and a letter of support from counsel. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty in the Regular Air Force on 25 May 65 for a period of four years. He was progressively promoted to the grade of Airman Second Class (A2C). On 6 Sep 67, the applicant was honorably discharged for hardship reasons. He was credited with 2 years, 3 months, and 12 days of active duty, including 1 year, 8 months, and 22 days of foreign service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPAPP recommends denial, stating, in part, after a thorough review of the applicant’s military records, they were able to verify that he was assigned to Japan; however, they could not find any mention of service in Vietnam. The applicant was sent a letter requesting additional documents; however, he did not respond. The complete AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSIDR recommends denial, based on DPAPP’s assessment and the outlined criteria for award of the VSM and RVNCM. 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. A service member must serve on temporary duty for 30 consecutive days or 60 nonconsecutive days to be eligible for award of the VSM. Those time limitations may be waived for personnel participating in actual combat operations. The Directorate of Assignments verified applicant's service in Japan; however, they were unable to verify applicant served in Vietnam after a review of his military personnel record (MPR). The RVNCM is awarded to members of the Armed Forces of the United States who between 1 March 1961 and 28 March 1973: served for 6 months in South Vietnam or served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months. Only members of the Armed Forces of the United States who meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the VSM during the period of service required are considered to have contributed direct combat support to the RVN Armed Forces. After a review of the applicant's MPR, the Directorate of Assignments was unable to verify applicant served in Vietnam while stationed in Japan. The complete AFPC/DPSIDR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 28 Jan 11 for review and comment within 30 days. 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action for entitlement to the award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal. 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2010-03271 in Executive Session on 7 June 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 29 Nov 10. Exhibit D. Letter, AFPC/DPSIDR, dated 4 Jan 11. Exhibit E. Letter, SAF/MRBR, dated 28 Jan 11.