RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04277 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 reflect the award of the Vietnam Campaign Medal (VCM). His DD Form 214 be amended to reflect his service in Vietnam. (Administratively Corrected) APPLICANT CONTENDS THAT: He served in Vietnam for 1 year, 3 months and 12 days. He requires these corrections to secure testing through the Department of Veterans Affairs related to the government’s use of Agent Orange. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 20 Jan 64. The applicant’s AF Form 7, Airman Military Record, Section 2, Foreign Service, reflects that between 8 Feb 66 and 17 Feb 67 the applicant was assigned to the Philippines. His Foreign Service Summary also reflects a TDY to SEA from 19 Feb through 3 Sep 66; which total 93 days. On 19 Jan 68, the applicant was furnished an Honorable discharge, and was credited with four years of active service. The applicant’s DD Form 214, reflects the following Air Force Medals and/or Ribbons: - Vietnam Service Medal - National Defense Service Medal - Small Arms Expert Marksmanship Ribbon - Air Force Good Conduct Medal On 26 Jan 15, AFPC/DPAPP confirmed the applicant had “Boots on Ground” in the Republic of the Philippines and the Republic of Vietnam. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The VCM is awarded to members of the United States Armed Forces who, between 1 Mar 61 and 28 Mar 73 served for 6 months in South Vietnam, or 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. Only members of the United States Armed Forces who met the criteria established for the Armed Forces Expeditionary Medal or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces; or did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty, but later rescued or released, killed in action or in the line of duty; or were assigned in Vietnam on 28 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73. Although the Air Force Personnel Center, Directorate of Assignments verified Foreign Service in Vietnam, they were unable to provide actual dates; therefore, they were unable to verify he was in the area of eligibility for an aggregate of six months and to grant relief would be contrary to the established criteria. Based on their review, they were able to determine that the below Air Force Medal should have been awarded: Republic of Vietnam Gallantry Cross with Palm Upon the final Board’s decision, administrative correction of this applicant’s official military personnel record will be accomplished by AFPC/DPSOR. 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 29 May 15 for review and comment within 30 days (Exhibit D). 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-04277 in Executive Session on 18 Aug 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04277 was considered: Exhibit A. DD Form 149, dated 17 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 18 Apr 15. Exhibit D. Letter, SAF/MRBR, dated 29 May 15.