RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04083

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

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 was awarded the Vietnam Campaign Medal (VCM).

	He was awarded the Vietnam Service Medal (VSM).  (Will Be Administratively Corrected.)

	He served in Vietnam from 8 November 1966 to 8 February 1967.  (Administratively Corrected).  

APPLICANT CONTENDS THAT:

He was stationed at Okinawa from 5 February 1965 to 13 August 1966.  He went on a Temporary Duty (TDY) assignment to Cam Rahn Bay, Vietnam while assigned to Hill AFB, UT to assist in preparing C-7 aircrafts to be decommissioned.  He spent four months at Cam Rahn Bay, Vietnam.  In support of his request, he provides a copy of his AF Form 7, Airman Military Record, which shows his TDY to Vietnam.  

He was deployed in support of the Vietnam War from February 1965 to September 1966 while assigned at Kadena AB, Okinawa and should be awarded the VSM and/or the VCM.  He was not aware of the error until he tried to join the Veterans of Foreign Wars (VFW).

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 28 September 1962 and was released from active duty on 27 June 1967.  

In a letter dated 9 March 2016, AFPC/DPAPP informed the applicant his request for correction of his record to reflect boots on ground service in Vietnam had been resolved administratively and did not require referral to the AFBCMR.  DPAPP confirmed boots on ground foreign service time at Kadena AB, Okinawa from 5 February 1965 to 3 August 1966 for 1 year, 6 months and 9 days; and Cam, Rahn Bay, Vietnam from 8 November 1966 to 8 February 1967, for 3 months and 1 day.  The applicant’s foreign service time is correctly reflected on his DD Form 214 and therefore a correction is not required.  The applicant was further advised that since specific locations are not annotated on the DD Form 214, he should use the provided letter as proof of his boots on ground service for Okinawa and Vietnam.    

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.      

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial for award of the VCM.  AFPC/DPAPP confirmed the applicant’s foreign service time in Vietnam for a total of 3 months and 1 day.  DP3SP was unable to locate documentation in his record to verify he was in the area of eligibility for an aggregate of 6 months for award of the VCM.  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 and Chief of Staff.   

The VCM is awarded to members of the United States Armed Forces who between 1 March 1961 and 28 March 1973 served for six months in South Vietnam or served outside the geographical limits of South Vietnam and contributed direct combat support for an aggregate of 6 months.  

DP3SP determined the applicant should have been awarded the VSM with one Bronze Service Medal (VSM w/1 BSS) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).  Upon the Boards final decision, administrative correction of the applicant’s record will be completed by AFPC/DPSOR.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 June 2016 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.  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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice for award of the VCM.  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 OPRs and adopt the rationale expressed as our conclusion the applicant has not been the victim of an error or injustice.  Therefore, aside from the administrative corrections to reflect boots on ground service in Okinawa and Vietnam and award of the VSM w/1 BSS and the RVNGC w/P, 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-2015-04083 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04083 was considered:

	Exhibit A.  DD Forms 149, dated 18 September 2015 and 
  2 February 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAPP, dated 9 March 2016.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 27 April 2016.
	Exhibit E.  Letter, AFBCMR, dated 1 June 2016.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.