RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02083 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect Vietnam service. 2. He be awarded medals for his service in Vietnam. _________________________________________________________________ APPLICANT CONTENDS THAT: In Jan 1973, he was on Temporary Duty (TDY) assignment to Bien Hoa Air Base, Republic of Vietnam. The Department of Veterans Administration (DVA) hospital in Decatur, GA, informed him his records do not reflect that he was TDY to Vietnam. He was also advised that he should have received medals for his Vietnam service. In support of his request, the applicant provides copies of his DD Forms 214 and AF Form 626, Request and Authorization for Temporary Duty – Military. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: His DD Form 214 issued in conjunction with his 1 Nov 1973 separation reflects “Vietnam-No” and that he was awarded the Vietnam Service Medal (VSM). According to the applicant’s master personnel records he was assigned to Yokota Air Base, Japan, from Apr 1972 to Apr 1973. The VSM was awarded to members of the Armed Forces who between 4 July 1965 and 28 Mar 1973 served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam for 30 consecutive days or 60 non-consecutive days. The Vietnam Campaign Medal is awarded to members of the Armed Forces of the United States who between 1 Mar 1961 and 28 Mar 1973, served for 6 months in South Vietnam during this period; served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request to reflect Vietnam service. A review of the applicant’s master personnel records and the documentation submitted by the applicant failed to provide any documents to substantiate foreign service time in Vietnam. The complete DPAPP evaluation is at Exhibit C. DPSID recommends denial of the applicant’s request for awards for his service in Vietnam. The applicant’s DD Form 214 reflects award of the VSM, however, DPSID is unable to substantiate the applicant was in the area of eligibility for this award. The applicant provided a copy of a TDY order to Bien Hoa Air Base, Republic of Vietnam, for 10 days; however, the order is not located in the applicant’s official military personnel record, and there is no official documentation verifying the order was carried out, such as a paid travel voucher. Furthermore, if the Board accepts the order as proof of Vietnam service, it only indicates 10 days, which does not meet the 30 day criteria for award of the VSM or the 6 month criteria for award of the Vietnam Campaign Medal. To grant the applicant relief would be contrary to the eligibility criteria established by Department of Defense Manual 1348.33, Manual of Military Decorations and Awards. Based on the findings by DPAPP and a thorough review of the applicant’s official military record, DPSID recommends removal of the VSM from the applicant’s DD Form 214. Upon conclusion of the Board, DPSID will administratively correct the applicant’s records to show he was awarded the Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters (AFOUA w/2 BOLC) and the Small Arms Expert Marksmanship Ribbon (SAEMR). The complete DPSID evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 5 Jul 2013 for review and comment within 30 days. As of this date, this office has not received a response (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 error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force Offices of Primary Responsibility (OPR) and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note DPSID recommends the applicant’s records be corrected to remove the VSM; however, we do not believe it would be appropriate to take an action that could conceivably be detrimental to the applicant. As such, we are not inclined to disturb the record as it currently stands. Therefore, other than the administrative corrections awarding the AFOUA w/2 BOLCs and the SAEMR, we find no basis to recommend the additional relief sought. ________________________________________________________________ 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-2013-02083 in Executive Session on 20 Feb 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence in AFBCMR Docket Number BC- 2013-02083 was considered: Exhibit A. DD Form 149, dated 23 Apr 2013, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 23 May 2013. Exhibit D. Letter, AFPC/DPSID, dated 21 Jun 2013. Exhibit E. Letter, SAF/MRBR, dated 5 Jul 2013. Panel Chair