RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02704 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States – Report of Transfer or Discharge, be corrected to show entitlement to the Vietnam Service Medal (VSM) and any other awards or decorations he may be entitled. _________________________________________________________________ APPLICANT CONTENDS THAT: His temporary duty (TDY) missions were classified so they were not discussed openly. His eligibility may have also been overlooked by administrative personnel during out processing. In support of his request, the applicant provides copies of his DD Form 214, TDY orders, performance reports, and various other documents in support of his appeal. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 12 Jul 66 to 10 Jul 70. In accordance with Department of Defense Manual (DoDM) 1348.33, the VSM is awarded to all members of the United States Armed Forces serving at anytime between 4 Jul 65 and 28 Mar 73, in the area of eligibility (AOE). The AOE is defined as: Vietnam, it’s contiguous waters or the airspaces there-over; in Thailand, Laos, or Cambodia, their contiguous waters, or the airspaces there- over, and in direct support of military operations in Vietnam. A service member must have served on temporary duty for 30 consecutive or 60 nonconsecutive days to be eligible for award of the VSM. These time limitations may be waived for personnel participating in actual combat operations. A bronze star denotes campaign participation and is awarded for at least 1 day in each campaign phase. The applicant’s performance reports covering 12 Jul 67 to 13 May 68, and 14 May 68 to 25 Jan 69, states that he participated in the Joint Chiefs of Staff project “College Eye” as well as participated in 36 combat missions in Southeast Asia which were of a classified nature; therefore, an exact location was not provided. DPSID verified the applicant’s entitlement to the Air Force Longevity Service Award, Air Force Good Conduct Medal, and the Vietnam Gallantry Cross with Palm (RVGP w/P), and his DD Form 214 will be corrected to reflect these medals. _________________________________________________________________ AIR FORCE EVALUATION: DPSID recommends denial. DPSID states that there is insufficient evidence in the applicant’s official military personnel record to support he served in the AOE for award of the VSM. According to DPSID, the applicant served with the 964th Airborne Early Warning and Control Squadron (AEWCS) and therefore is qualified for award of the RVGC w/P for the period of 1 Apr 66 to 28 Jan 73. This implies the applicant’s unit provided combat support to military operations in the AOE for award of the VSM. However, no documentation could be found to show that he served in the AOE or met the time requirements for award of the VSM. DPSID further states that the applicant’s DD Form 214 reflects award of the Armed Forces Expeditionary Medal (AFEM); however, without the locations of the TDYs performed, they are unable to determine why the applicant was awarded the AFEM. The complete DPSID evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the VSM is awarded to all members of the United States Armed Forces serving at any time between 4 Jul 65 and 28 Mar 73, in the AOE. The TDY orders dated 13 Nov 67 and 23 Oct 68 establish his participation with the 964th AEWCS, Project College Eye, during the dates of eligibility. Also, to be eligible for the VSM, a service member must have served on TDY for 30 consecutive days or 60 nonconsecutive days. These time limitations may be waived for personnel who participated in actual combat operations. His performance reports and Special Orders awarding the Air Medals, clearly establishes that he participated in “actual combat operations.” It has been established that he flew numerous combat missions in the AOE, and the nature of the missions at the time was classified TOP SECRET, the exact location of these missions is not delineated. He provided a copy of the declassified COLLEGE EYE EXTRACT from the CHECO REPORT; compiled by Headquarters Pacific Command, dated 1 Nov 68, that details the areas of operations. The dates of these operations coincide with the dates of his TDY orders, APRs, and the Air Medals. His APR dated 12 Jul 67 thru 13 May 68 clearly states that he “participated in all crew activities and materially contributed to the effectiveness of an outstanding crew; both in mission and morale.” This same report also indicates the participation in 36 combat missions during this time period. As a member of the 964th Squadron during this time period of eligibility, and the award of the RVGC w/P, it is clearly established that as a crew member he participated in “providing combat support to military operations in the AOE.” Although the locations for TDYs performed are not provided due to the classified nature of the task forces’ mission, the TDY orders stating “Southeast Asia” and their corresponding dates clearly indicate the AOE and the award of the AFEM. His APR dated 5 Feb 69, states that he was observed on a day to day basis flying combat missions under the threat of possible hostile ground fire. He respectfully submits that his contribution to the war effort deserves to be acknowledged, and he has a right to be awarded the VSM, for his honorable service during the Vietnam War. The applicant's complete response is at 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief. We note the office of primary responsibility (OPR) recommends denial, and states, although the applicant’s official military record contains evidence that he performed temporary duties (TDYs) to Southeast Asia, they were unable to locate any official documentation verifying the specific locations. Based on the classified nature of his TDYs, the fact they were to Southeast Asia, and that the corresponding dates on his Airman Performance Reports (APRs) and Air Medals appear to corroborate his claim, we find the evidence sufficient to recommend award of the VSM. In the interest of justice, we recommend his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 10 July 1970 discharge, be amended in Block 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, to reflect the Vietnam Service Medal (VSM). _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02704 in Executive Session on 26 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Jun 12, w/atchs. Exhibit B. Letter, AFPC/DPSID, dated 24 Aug 12, w/atch. Exhibit C. Letter, SAF/MRBR, dated 30 Aug 12. Exhibit D. Letter, Applicant, dated 7 Sep 12, w/atchs.