SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2012-02467

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Reconsideration to have his DD Form 214, Report of Separation from Active Duty, corrected to reflect award of the Vietnam Service Medal (VSM).

RESUME OF CASE:

The applicant has submitted several appeals for award of the VSM for his service in support of the war effort in Vietnam from Oct 72 through Apr 73.  In his first appeal, dated 28 May 12, the applicant contends he was on Temporary Duty (TDY) in Korat, Thailand and assigned to Udorn Royal Thai Air Base (RTAB) during the Vietnam Conflict.  He also stated that other veterans who served in Thailand during the same period but were not in-county received the award.  On 28 Feb 13, the Board considered and denied the application noting the evidence was not sufficient to conclude the applicant was the victim of an error or an injustice.  In his second appeal dated 16 Apr 13, he contends he should have received the VSM for his service in Southeast Asia during the Vietnam War and that his deployment to Korat AB exceeded the minimum 30 consecutive days required for the VSM.  On 15 May 13, the Board staff informed the applicant that his request did not meet the criteria for reconsideration.  The applicant, on 17 May 13, requested reconsideration for the VSM via his congressional representative.  He stated he was TDY in support of the Vietnam conflict for 179 days.  In response, the Board staff after thoroughly reviewing the documentation provided, informed his congressional representative that reconsideration is provided only where newly discovered relevant evidence is presented which was not available when the application was submitted.  Furthermore, the reiteration of facts that have been previously addressed, uncorroborated personal observations, or additional argument on the evidence of records are not adequate grounds for reopening a case.  On 9 Jul 14, the applicant again requested reconsideration for award of the VSM.  He states his deployment to Thailand exceeded the 30 consecutive day requirement as evidenced by the AF Form 626, Request and Authorization for Temporary duty – Military.  On 19 May 15, the Board after reviewing the evidence of record, the applicant’s prior submissions, and the additional evidence provided in support of the appeal, was not convinced to override their previous decision.  The Board noted while the TDY order indicated the applicant was to be TDY for 179 days; there was no evidence provided, such as a travel voucher, to substantiate the travel was completed.  For an accounting of the facts and circumstances surrounding his request, and the rationale for the earlier decision by the Board, see the Addendum Record of Proceedings, with exhibits, at Exhibit L.

By virtue of a DD Form 149, Application for Correction of Military Record, dated 22 Dec 15, the applicant is requesting reconsideration for award of the VSM.  In support of his appeal the applicant provides a statement from a fellow service member who states he was stationed at Davis Monthan AFB and was on Temporary Duty (TDY) to Thailand with the applicant.  The fellow service member further noted he was awarded Vietnam Service Ribbon for his TDY to Thailand.  The applicant reiterates he should have been awarded the VSM for his deployment in support of the war effort in Vietnam.

The applicant’s complete submission, with attachments, is at Exhibit M.

THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined there was insufficient evidence to warrant any corrective action.  After thoroughly reviewing the additional documentation submitted in support of his appeal, to include the statement and documentation from his witness, and the evidence of record, we do not believe the applicant has overcome the rationale expressed in the previous decision.  While the applicant’s witness stated he was TDY to Thailand during the same period as the applicant and was awarded the Vietnam Service Ribbon, we note the DD Form 214 provided by the witness does not reflect an award for service in Vietnam.  Therefore, we find this evidence insufficient to support approving the applicant’s request.  Accordingly, in view of the above, and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable reconsideration of the applicant’s request.

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-2012-02467 in Executive Session on 24 May 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02467 was considered:

	Exhibit L.  Addendum Record of Proceedings, dated 
  19 May 15, w/atchs.
	Exhibit M.  DD Form 149, dated 22 Dec 15, w/atchs.