RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04728 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM). ________________________________________________________________ APPLICANT CONTENDS THAT: During his service, he performed temporary duty (TDY) at Clark AB, Philippines. During this TDY, he was assigned as a crew member onboard a C-130B aircraft for a mission to Da Nang AB, Republic of Vietnam which took place on 17 Oct 65. After his discharge in 1965, he received a letter awarding him the VSM for the 17 Oct 65 mission; however, his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, was never updated. In support of his request, the applicant provides an expanded statement and copies of his DD Form 214, Special Orders pertaining to his TDY in 1965, DD Form 1351-2, Travel Voucher or Subvoucher, and correspondence from the National Personnel Records Center. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant fact pertaining to this application, extracted from the applicant’s military personnel records, are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. Therefore, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, indicating there is no evidence of an error or injustice. The applicant served on active duty as an aircraft radio repairman from 3 Jan 62 through 30 Dec 65. During this period, he went TDY to Clark AB, Philippines from 15 Sep 65 through 4 Dec 65. While TDY to Clark AB, he traveled through DaNang AB, Republic of Vietnam for a couple of hours on 17 Oct 65. Even so, the applicant is not eligible for the VSM. The VSM was created by Executive Order 11213. It is awarded to all service members of the Armed Forces, who between 4 Jul 65 and 28 Mar 73, served in certain locations in the designated area of operations in and around Southeast Asia. A service member must have served at least 30 consecutive days, or 60 nonconsecutive days, in the AOR in order to qualify for the VSM. Since the applicant was only in the designated AOR for a matter of hours, he is not eligible for award of the VSM. A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 4 Mar 11 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 forgive the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinions appear to be based on the evidence of record and have not been rebutted by the applicant. Absent persuasive evidence the applicant was denied rights to which he was entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record. ________________________________________________________________ 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-2010-04728 in Executive Session on 25 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 15 Feb 11. Exhibit D. Letter, SAF/MRBR, dated 4 Mar 11.