RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00372 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Report of Separation from Active Duty be corrected to reflect his Foreign Service. (Will be administratively corrected) 2. His records be corrected to reflect entitlement to the Vietnam Service Medal (VSM). _________________________________________________________________ APPLICANT CONTENDS THAT: During an overseas flight, he landed in Vietnam and was exposed to Agent Orange. He did not realize his Foreign Service was not listed on his DD Form 214 until he applied for employment with the Department of Veterans Affairs (DVA). In support of his request, the applicant provides copies of his DD Form 214, a DVA rating decision, and a letter from the James H. Quillen VA Medical Center. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Air Force from 27 Jan 70 to 25 Jan 74. His DD Form 214 reflects a total 4 years, 1 month, and 10 days of total active service; however, does not reflect any Foreign Service. The VSM 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 the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace thereof for 30 consecutive or 60 nonconsecutive days and in direct support of military operations in Vietnam. AFPC/DPAPP was able to verify the following overseas service and his DD Form 214 will be administratively corrected to reflect 25 days of Foreign Service. 25 Dec 71 – 1 Jan 72; Hawaii, Johnson Atoll, Wake Island, Philippines, Vietnam, and Japan 10 Jan – 17 Jan 72; Hawaii, Wake Island, Philippines, Japan, Korea 13 Oct – 19 Oct 71; Hawaii, Wake Island, Guam, Philippines, Thailand, and Guam 14 -15 Nov 71; Germany Based on the above information, DPAPP confirmed the applicant’s presence in Vietnam, and provided the applicant with a letter he could use as proof of “boots on the ground” in Vietnam for any organization that requires it. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial for award of the VSM. DPSIDR states that DPAPP was unable to verify the applicant served 30 consecutive or 60 nonconsecutive days in the AOE, rendering him ineligible for award of the VSM. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 8 Apr 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ 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 regarding the applicant’s request for the VSM. While it has been verified the applicant served in Vietnam, it could not be verified that he served the amount of time that would entitle him to the VSM. As such, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice regarding this issue. Therefore, aside from the administrative correction noted above, we find no basis to recommend further relief in this case. _________________________________________________________________ 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-2011-00373 in Executive Session on 9 Jun 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jan 11, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 31 Mar 11. Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11. Panel Chair