RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04877 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect the following: He served in Vietnam. He was awarded the Vietnam Service Medal (VSM). APPLICANT CONTENDS THAT: He was on a Temporary Duty (TDY) assignment to Vietnam for one year but it is not reflected in his records. The Board should find it in the interest of justice to consider his untimely application as he only recently learned of the importance of having Vietnam documented in his records. In support of his requests, the applicant provides a copy of AF Form 626, Request and Authorization for Temporary Duty – Military. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 13 August 1965, the applicant entered the Regular Air Force and was honorably released from active duty on 12 August 1969. The VSM was awarded to members of the Armed Forces who between 4 July 1965 and 28 March 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. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request to amend his DD Form 214 to reflect service in Vietnam. The information provided and Master Personnel Records (MPR) did not contain information that reflects the applicant served in Vietnam. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant's request for award of the VSM. The applicant provided a copy of AF Form 626; however, no travel voucher was provided that authenticates the travel order was carried out. In a memorandum dated 26 January 2015, AFPC/DPAPP states a review of his records and documentation submitted failed to substantiate foreign service time in Vietnam. There was no official documentation in his record nor was any provided to verify he served on a TDY assignment for 30 consecutive days or 60 non-consecutive days in the area of eligibility for award of the VSM. To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force and Chief of Staff. A complete copy of the AFPC/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 3 June 2015 for review and comment within 30 days (Exhibit E). 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 to warrant amending his DD Form 214 to reflect service in Vietnam and the VSM. 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 and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error of injustice. Should the applicant provide evidence to substantiate Vietnam service and that he was in the area of eligibility for 30 consecutive or 60 non-consecutive days for award of the VSM, we would be willing to reconsider his requests. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-04877 in Executive Session on 8 July 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 November 2014, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPAPP, dated 26 January 2015. Exhibit D. Memorandum, AFPC/DPSID, dated 18 April 2015. Exhibit E. Letter, SAF/MRBR, dated 3 June 2015.