RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04710 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be updated to reflect award of the Vietnam Service Medal (VSM), the Small Arms Expert Marksmanship Ribbon (SAEMR) and any other awards he may be eligible to receive. ________________________________________________________________ APPLICANT CONTENDS THAT: He wants his DD Form 214 updated to reflect any and all awards he is eligible to receive for his active duty service. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force from 9 Jan 73 to 8 Jan 77. He was furnished an honorable discharge and was credited with four years of active service with no credit for foreign service. The applicant was informed that his entitlement to the Air Force Outstanding Unit Award (AFOUA) and the Air Force Longevity Service Award (AFLSA) were verified and his record will administratively corrected to reflect these awards. The VSM is awarded to service members of the Armed Forces who served at any time between 4 Jul 65 and 28 Mar 73, in Vietnam, its contiguous waters, or airspace thereover; or in Thailand, Laos, or Cambodia, or the airspaces thereover. To be eligible, a service member must be: (1) attached or regularly serving for one, or more, days with an organization participating in or directly supporting ground (military) operations, (2) attached to or regularly serving for one, or more, days aboard a naval vessel directly supporting military operations, (3) actually participate as a crew member in one or more aerial flights directly supporting military operations, or (4) serve on temporary duty for 30 consecutive days or 60 nonconsecutive days, time limitations which may be waived for personnel participating in actual combat operations. The SAEMR is awarded to all Air Force service members who after, 1 Jan 63, qualified as “expert” in small arms marksmanship with either the M-16 rifle or issue handgun. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which are attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice. After reviewing the applicant’s official military personnel record, DPSID was unable to verify his entitlement to the VSM. There was no evidence provided or located in the applicant’s military showing he served in the area of responsibility (AOR) for the VSM. Furthermore, DPSID was unable to locate an Air Force Form 522, USAF Ground Weapons Training Data, or a letter from the Small Marksmanship monitor showing the applicant qualified as an expert with the M-16 or a handgun on an Air Force firing range. The applicant did not provide any documentation to substantiate his entitlement to the SAEMR. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Jan 13, for review and comment within 30 days. As of this date, no response has been received by this office. ________________________________________________________________ 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 an error or injustice. After a thorough review of the applicant’s submission and the evidence of record we found it insufficient to conclude that he served or was stationed in the area of responsibility for award of the VSM. In addition, there was no evidence submitted or located to verify the applicant qualified as expert for the SAEMR with either the M-16 or handgun. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale that relief beyond that already granted administratively is not warranted. However, should the applicant provide additional documentation showing he meets the criteria for award of the VSM and/or SAEMR the Board would be willing to review his request for possible reconsideration. 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 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-2012-04710 in Executive Session on 25 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Oct 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 3 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.