RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01864 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect he served in Vietnam. 2. He be given award entitlements for service in Vietnam. ________________________________________________________________ APPLICANT CONTENDS THAT: He served temporary duty (TDY) in Vietnam from Apr 72 to Aug 72. He never served in Korea, or in Indochina. The applicant's complete submission, with attachments, is included in Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 16 Jul 71 to 5 Jan 73. His DD Form 214 reflects a total of 2 years, 7 months, and 11 days of total active service with 3 months, and 16 days of Foreign Service. The Vietnam Service Medal (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 and in the direct support of military operations in Vietnam. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPAPP recommends denial. DPAPP could not verify any time served in Vietnam or Thailand. Without such evidence, they are unable to verify his eligibility for the VSM. The complete DPAPP evaluation is at Exhibit C. HQ AFPC/DPSIDR recommends denial. DPSIDR states that based upon review of the applicant’s military records they were unable to verify that he served on Temporary Duty (TDY) in Vietnam from Apr 72 to Aug 72. The complete DPSIDR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 22 Dec 11, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. 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. 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 office 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. 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 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- 2011-01864 in Executive Session on 26 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 May 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPAPP dated 8 Nov 11. Exhibit D. Letter, HQ AFPC/DPSIDR, dated 15 Dec 11. Exhibit E. Letter, SAF/MRBR, dated 22 Dec 11.