RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00348 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be updated to include: 1) Flying Status; 2) Temporary Duty (TDY) where no orders where issued; 3) Vietnam Service Medal (VSM); and 4) Presidential Unit Citation (PUC). APPLICANT CONTENDS THAT: He spent many TDY assignments of varying lengths in Nhatrang, Republic of Vietnam during 1965 and 1966, but his DD Form 214 does not show any evidence of Vietnam Service. In addition, he was given hazardous duty and combat pay in 1966 while on flying status but does not have any orders verifying this. Many who served in troop carrier squadrons are in need of corrections to their service records. He is in the process of updating his Department of Veterans Affairs (DVA) cards due to a change of address and would like his records updated. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 15 Sep 64, the applicant entered the Regular Air Force. According to AF Form 909, A1C, A2C, A3C and AB Performance Report, for inclusive period 15 Sep 65 thru 14 Sep 66, he was stationed with the XXXX Troop Carrier Squadron (TCS) at XXXX, Taiwan. On 13 Sep 68, the applicant was released from active duty due to completion of required active service and transferred to the Air Force Reserve. He was credited with 3 years, 11 months and 29 days of active service including 11 months and 18 days of foreign-service. 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: HAF/A3OM recommends denial indicating there is no proof that he was placed on flying status and all the documentation provided stated he was a ground-based and not flying mechanic. The applicant was a Ground Crew Member as an aircraft mechanic, with Duty Air Force Specialty Code (DAFSC) 43151F. In accordance with AFM 35-13, Flying Status, Aeronautical Ratings, Designations, and Parachute Jump status, paragraph 5-7, airmen who are ground maintenance personnel whose principal duties are performed on the ground, will not be placed on flying status. A complete copy of the HAF/A3OM evaluation is at Exhibit C. AFPC/DPSID recommends disapproval for award of the VSM and the PUC. The Air Force Personnel Center, Directorate of Assignments verified while the applicant was assigned to Taiwan, he performed a TDY assignment to Vietnam however; they did not indicate any number of days served in Vietnam. Per his Performance Report dated 15 Sep 65 thru 14 Sep 66, while assigned to the XXXX, Taiwan, the applicant went TDY to Vietnam. The HQ USAF/A3OM memorandum dated 20 Jul 15, states that the applicant was a ground crew member not an aircrew member while on TDY in Vietnam. As such, he would have to serve for 30 consecutive days or 60 non-consecutive days on TDY to be eligible for award of the VSM. DPSID was unable to verify the applicant was on TDY in Vietnam for 30 consecutive or 60 non- consecutive days. In addition, DPSID was unable to locate official documentation verifying the applicant served with a unit that received award of the PUC while the applicant was assigned to the unit. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, the Chief of Staff and/or the War Department. The PUC is awarded in the name of the President of the United States to units of United States Armed Forces and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on, or after, 16 Oct 41, for United States Navy and United States Marine Corps units, and on or after 7 Dec 41, for United States Army units. The unit must have displayed such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions to have set it apart and above other unites participating in the same campaign. The degree of heroism required is the same as that which would be required for award of a Distinguished Service Cross to an individual. The VSM is awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 Jul 65, and before 28 Mar 73. In additional, personnel serving in Thailand, Laos or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the VSM. To be eligible, a service member must be: permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations. Based on review of the applicant’s official military personnel record, DPSID was able to determine that the below Air Force Medal and/or Ribbon should have been awarded during the applicant’s service from 15 Sep 64 to 13 Sep 68 and was not reflected in his records. *Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters (AFOUA w/2BOLC) Upon final Board decision, the applicant’s official military personnel record will be administratively corrected. 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 14 Oct 15 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 warranting correction of the applicant’s records to reflect his entitlement to the VSM and PUC. We took notice of the applicant's complete submission, including attachments, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively. 4. Notwithstanding above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief. After a thorough review of the evidence of record and the applicant’s complete submission, including attachments, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPSIM indicating that relief should be denied for the VSM and the PUC because the applicant’s records contain no documentation substantiating the number of days he served in Vietnam, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note his performance report for the period 15 Sep 65 thru 14 Sep 66 states “On a TDY mission in the RVN…” and his AF Form 7, Airman Military Record, documents his assignment with 345 TCS, Kung Kuan AB, Taiwan as well as XXXX TCS, XXXX, Taiwan. In addition, the HQ USAF/A3OM memorandum dated 20 Jul 15, states that the applicant was a ground crew member while on TDY in Vietnam. These documents lead the panel to conclude it is more likely than not the applicant served in Vietnam, but his personnel records are incomplete. While the Board does not recommend correcting the applicant’s DD Form 214, the Board recommends issuing the applicant a Boots-On-Ground letter for service in Vietnam in 1965 and 1966. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he had boots on the ground in Vietnam. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00348 was considered: Exhibit A. DD Form 149, dated 23 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AF/A3OM, dated 20 Jul 15. Exhibit D. Memorandum, AFPC/DPSIM, dated 23 Sep 15. Exhibit E. Letter, SAF/MRBR, dated 14 Oct 15.