RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04235 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) for his service in Vietnam. _________________________________________________________________ APPLICANT CONTENDS THAT: While stationed at Tachikawa Air Base, Japan, his unit took several missions on temporary duty into Vietnam, which was during the draw down to the war effort in 1970 and 1971. Because President Nixon’s “Vietnamization” policy did not acknowledge entering Vietnam it placed limits on the number of troops in that country. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The Vietnam Service Medal (VSM), created on 8 Jul 65, 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 thereover and in the direct support of military operations in Vietnam. The specific eligibility criteria requires a member to be attached to or directly serving for one or more days with an organization, or aboard a naval vessel, directly supporting military operations; actually participate as a crew member on one or more aerial flights directly supporting military operations; or serve on temporary duty (TDY) for 30 consecutive or 60 nonconsecutive days, although these time limitations may be waived for personnel participating in actual combat operations. However, no member may be issued both the AFEM and the VSM for service in Vietnam. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. According to the official documentation, the applicant served in Vietnam for a total of 17 days; he did not serve in Vietnam the required 30 consecutive or 60 non-consecutive days. Therefore, he is ineligible for awarded of the VSM. The complete DPSID evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 Dec 12 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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. After thoroughly reviewing the applicant’s complete submission and noting the VSM criteria, we are not persuaded that his records are in error or unjust. In this respect, we note that although the applicant has provided copies of TDY orders, with amendment, assigning him on two separate TDYs to the RVN, and copies of two travel vouchers, they do not support that he performed 30 consecutive or 60 non-consecutive days of TDY in the RVN. In view of this and since there is no evidence the applicant was attached to or directly serving for one or more days with an organization directly supporting military operations or actually participated as a crew member on one or more aerial flights directly supporting military operations, 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 AFBCMR Docket Number BC-2012-04235 in Executive Session on 25 Apr 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number BC-2012-04235 was considered: Exhibit A. DD Form 149, dated 6 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 19 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.