RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-01499

XXXXXXXXXX					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 show that he was awarded the Vietnam Service Medal (VSM).

APPLICANT CONTENDS THAT:

He was advised that his temporary duty (TDY) assignment to Thailand was classified Secret yet his DD Form 214 does not reflect the VSM.  His DD Form 214 reflects that he has 3 months and 25 days of Foreign Service.  His AF Form 7, Airman Military Record, also reflects he was TDY to Southeast Asia (SEA) from 24 August 1965 to 17 December 1965 for 115 days.

In support of his request, the applicant provides a personal statement and copies of his AF Form 7, DD Form 214, and NA Form 13059, Transmittal of and/or Entitlement to Awards.

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

STATEMENT OF FACTS:

On 13 November 1962, the applicant entered the Regular Air Force.

On 9 September 1966, the applicant received an honorable discharge, and was credited with 3 months and 25 days (115 days) of Foreign and/or Sea Service.

According to the applicant’s AF Form 7, his Foreign Service summary indicates that he was TDY to SEA from 24 August 1965 to 17 December 1965 for 115 days.

The applicant’s Performance Report for the period 21 February 1965 to 20 February 1966, indicates that during this period, he was assigned with the 68th Tactical Fighter Squadron (68 TFS) in SEA.

According to the Air Force Historical Research Agency Fact Sheet dated 11 January 2016, the 68 TFS was deployed at Korat RTAFB, Thailand, from 27 August 1965 to 24 November 1965 and Ubon RTAFB, Thailand from 24 November 1965 to 6 December 1965.  Furthermore, according to a PACAF Historical Brief on Korat RTAFB, the 68 TFS was deployed to both Korat and Ubon RTAFB at least in part for the purpose of supporting military operations in 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 D. 

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice.  The applicant’s records do not substantiate Foreign Service in Vietnam or Thailand.

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

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 July 1965 and before 28 March 1973.  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.  The Air Force Personnel Center, Directorate of Assignments was unable to verify the applicant served in Vietnam or Thailand.  To grant relief would be contrary to the eligibility criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His AF Form 7 shows that he had Foreign Service and was TDY for 115 days in SEA.  This should be sufficient proof that he was in Thailand.

In further support of his request, the applicant provides Fact Sheets and various other documents related to his appeal.

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

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  However, 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 an injustice to warrant award of the VSM.  We note that AFPC/DPAPP and AFPC/DPSID recommend denial stating the applicant’s records do not contain documentation substantiating that he qualifies for the VSM.  However, we disagree.  In this respect, we note the applicant’s performance report ending 20 February 1966, indicates that he was assigned with the 68 TFS in SEA.  The applicant’s AF Form 7 also reflects that he was TDY to SEA during the period 24 August 1965 to 17 December 1965 for 115 days.  The Air Force Historical Fact Sheet indicates the 68 TFS was deployed to Korat RTAFB, Thailand from 27 August to 24 November 1965, and to Ubon RTAFB, Thailand from 24 November to 6 December 1965 which is consistent with the dates in the applicant’s performance report and AF Form 7.  Therefore, it is our opinion that the available evidence appears to weigh more in favor of amending the applicant’s DD Form 214 to reflect the VSM.  Accordingly, we recommend his records be corrected as set forth below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 9 September 1966 discharge, be amended in Block 26, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, to reflect the Vietnam Service Medal.

The following members of the Board considered AFBCMR Docket Number BC-2015-01499 in Executive Session on 18 February 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the record as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01499 was considered:

Exhibit A.  DD Form 149, dated 9 March 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPAPP, dated 19 August 2015.
Exhibit D.  Memorandum, AFPC/DPSID, dated 7 December 2015.
Exhibit E.  Letter, SAF/MRBR, dated 9 December 2015.
Exhibit F.  Letter, Applicant, dated 15 December 2015, 
  w/atchs.