RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04124

                		     COUNSEL:  XXXXXX

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM) and all other medals he earned for his service in Vietnam, Laos, and Cambodia. 

APPLICANT CONTENDS THAT:

He applied for a Vietnam auto plate but was told he didn’t qualify because he wasn’t awarded the VSM.

While assigned to Taiwan, he was sent TDY on two occasions, each for 90 days, traveling throughout Vietnam, to include Da Nang and Ton Son Nhut Air Bases repairing C-130 aircraft. 

He was also assigned to the classified “E-Flight” and traveled in Vietnam, Laos, and Cambodia.

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

STATEMENT OF FACTS:

On 12 Aug 68, the applicant initially entered the Regular Air Force.

While assigned in Taiwan, the applicant received an Air Form 910, TSgt, SSgt, Sgt Performance Report for the period from 13 Dec 70 to 12 Jun 71, wherein Section VII, the Indorsing Official states, “Sgt Gronek’s performance while TDY at our FOL in the Republic of Vietnam has been lauded on numerous occasions.”

The entry on the applicant’s Air Form 1712, Uniformed Military Personnel Record, dated 3 Jun 72, page 2, Section 8: Foreign Service Tours, Item: NR-DA-PCS-TDY_SEA is “120.”

On 11 Aug 72, the applicant was furnished an honorable discharge, and was credited with 4 years of active service of which a year, five months and six days was foreign service.   Item 30, Remarks, of the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, indicates the applicant served in Indochina and Vietnam.

On 22 Jun 16, AFPC/DPAPP issued a “boots-on-the-ground” letter for the Republic of Vietnam, to the applicant (Exhibit E)

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

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  A review of the applicant’s military record could not verify award of the Vietnam Service Medal or Vietnam Campaign Medal. 

The Vietnam Service Medal (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 l973. 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 Vietnam Service Medal. 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 Vietnam Campaign Medal (VCM) is awarded to members of the United States Armed Force who, between 1 Mar 61 and 28 Mar 73, served for six months in South Vietnam, or, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months.  Only members of the United States Armed Forces who meet the criteria establish for the Armed Forces Expeditionary Medal or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces; or, did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty, but later rescued and released, killed in action or in the line of duty; or were assigned in Vietnam on 28 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73.

There was no official documentation in the applicant's record, nor was any provided to verify the applicant served in Vietnam or contiguous waters or airspace or served in Thailand, Laos, or Cambodia in direct support of operations in Vietnam for award of the Vietnam Service Medal or an aggregate of 6 months for award of the Vietnam Campaign Medal.  Although the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, Section 30. Remarks states Indochina Yes, Vietnam Yes there is no documentation of the dates he was in Vietnam to determine if the applicant meets the criteria for award of the Vietnam Service Medal or the Vietnam Campaign Medal.

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

AFPC/DPAPP recommended denial in the initial evaluation of the applicant’s request stating it could not be verified the applicant had Foreign Service in Vietnam. On further review, it was discovered the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does specify service in Vietnam and that a performance evaluation received while assigned in Taiwan cites TDYs to Vietnam; however, the dates and length of these TDYs could not be determined. As a result, and although not requested, AFPC/DPAPP issued a boots-on-ground letter to the applicant to be used in confirming service in the Republic of Vietnam.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 8 Aug 16 for review and comment within 30 days (Exhibit F).  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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error.  We note the comments of AFPC/DP1SP and the initial advisory of AFPC/DPAPP indicating relief should be denied because the applicant’s records is absent documentation of service in Vietnam.  We also note AFPC/DPAPP subsequently provided the applicant a boots-on-the ground letter based on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, which did indicate service in Vietnam. However, on additional review of the applicant’s military record, to include, his Air Force Form 1712, Uniform Military Personnel Record, dated 3 Jun 72, records 120 days of service in Southeast Asia, and his Air Force Form 910, TSgt, SSgt, and Sgt Performance Report for the period 13 Dec 70 to 12 Jun 71 rendered at Ching Chuan Kang Air Base, Taiwan documents his achievements in direct support of combat operations in South Vietnam.  Thus, we believe the evidence, taken in its totality, substantiates the applicant meets the criteria for award of the Vietnam Service Medal and the Vietnam Campaign Medal. Therefore, we recommend the applicant’s records be corrected as 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, issued in conjunction with his 11 August 1972 separation, be amended in Item 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, to reflect award of the Vietnam Service Medal and the Vietnam Campaign Medal.

The following members of the Board considered AFBCMR Docket Number BC-2015-04124 in Executive Session on 8 Dec 16 under the provisions of AFI 36-2603:

	 Panel Chair
	 Member
	 Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04124 was considered:

	Exhibit A.  DD Form 149, dated 16 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 25 Jul 16.
	Exhibit D.  Memorandum, AFPC/DPAPP, dated 21 Jun 16.
     Exhibit E.  Letter, AFPC/DPAPP, dated 22 Jun 16.
     Exhibit F.  Letter, SAF/MRBR, dated 8 Aug 16.

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 pertaining to AFBCMR Docket Number BC-2015-04124.