RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01981 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He served in U-Tapao Airfield, Thailand from Mar to Nov 1975. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty and AF Form 899, Request and Authorization for Permanent Change of Station (PCS) – Military. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 1 Oct 83, the applicant retired from the Air Force after serving 21 years, 11 months and 17 days of active service. The 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: Vietnam and the contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace there over 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, directly supporting military operations; or 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. However, these time limitations may be waived for personnel participating in actual combat operations. DPSID was able to verify that the applicant should have been awarded the Air Force Outstanding Unit Award with one Silver Service Star and one Bronze Service Star (AFOUA w/1SSS and 1BSS) and the National Defense Service Medal (NDSM) during his service from 12 Jul 66 to 30 Sep 83. DPSOR will administratively correct his records to reflect the awards. 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. The applicant’s dates of service in Thailand (Dec 74 to Nov 75) are after the inclusive dates for award of the VSM; therefore, he is ineligible for the award of the VSM. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He believes that Department of Defense (DoD) 1348, Manual of Military Decorations and Awards was revised in Sep 96, to change the VSM inclusive dates to include 29 Apr 75 to 30 Sep 75. The applicant’s complete submission is at Exhibit E. ________________________________________________________________ _ 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 thoroughly reviewing the evidence of record we are not persuaded the VSM should be granted. We note that the applicant states it is his understanding that DoD 1348 was revised in Sep 96 and the applicable dates were changed to include the period he was in Thailand. Although DoD 1348 was revised, the period he references was for operation FREQUENT WIND, which required boots on the ground in Vietnam. As such, his duties in Thailand do not qualify for award of the VSM. In view of the above, we conclude that the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. 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-2013-01981 in Executive Session on 30 Jan 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Apr 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 13. Exhibit D. Letter, SAF/MRBR, dated 5 Jul 13. Exhibit E. Letter, Applicant, dated 13 Jul 13. Panel Chair