RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00812 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect the Vietnam Service medal (VSM).

APPLICANT CONTENDS THAT:
He lost the certificate and is trying to document his Vietnam service in Bien Hoa.

The	applicant’s	complete	submission,	with	attachments,	is	at Exhibit A.

STATEMENT OF FACTS:
On 3 Jan 61, the applicant entered the Regular Air Force.
On 31 Oct 69, the applicant was furnished an honorable discharge, and was credited with 8 years, 9 months, and 29 days of active service, which includes 2 years, 11 months, and
29 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:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The VSM was 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 addition, 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 days or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations.

After a thorough review of the applicant's official military personnel record, AFPC/DPSID was unable to verify the applicant was awarded the VSM. Further, no official documentation was located in his personnel records, nor was any provided by the applicant, to verify that he served for 30 consecutive days or
60 non-consecutive days in the area of eligibility for award of the VSM.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant refutes the OPR’s recommendation and argues that he volunteered and extended his enlistment to go on temporary duty (TDY) for 156 days to Vietnam. He went TDY with the SKOSHI tigers which took the F-5 fighters to Bien Hoa and also for a short time to Da Nang. They lost one pilot who was shot down. He was a member of the security police sent to guard the planes. In support of his response, the applicant provides copies of photos that were taken there.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The applicant claims a date of discovery of less than three years ago; however, in our view a reasonable date of discovery was more than three years ago and this application is therefore untimely. However, we believe it is in the interest of justice to excuse the failure to timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response,  we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPSID indicating that relief should be denied because the applicant’s records contain no documentation substantiating award of the VSM, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant’s
1.	

enlisted performance report (EPR), rendered for the period 23 Aug 65 through 11 Mar 66, reflect the applicant was assigned to posts on the perimeter of the base where contact with the enemy was most likely. Additionally, based on our review of Block 2, Foreign Service, of the applicant’s AF Form 7 indicating temporary duty in Southeast Asia from 23 Oct 65 through 27 Mar 66, we find sufficient evidence to conclude it is more likely than not, the applicant has an aggregate of 30 consecutive days or 60 non-consecutive days in the area of responsibility and therefore meets the eligibility criteria for award of the VSM. Therefore, we believe it appropriate to recommend the applicant’s records be corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Armed Forces of the United States Report  of Transfer or Discharge, be updated to reflect the award of the Vietnam Service Medal.

The following members of the Board considered AFBCMR Docket Number BC-2015-00812 in Executive Session on 5 Nov 15, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 25 Feb 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSID, dated 10 Aug 15. Exhibit D.	Letter, SAF/MRBR, dated 31 Aug 15.
Exhibit E.	Letter, Applicant, dated 13 Sep 15, w/atchs.