RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00020

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to reflect the following:

	a. His foreign service time in Thailand.

	b. He be awarded the Vietnam Service Medal (VSM).

APPLICANT CONTENDS THAT:

After presenting his DD Form 214 to the Veterans of Foreign Wars (VFW), he realized that none of his overseas time was listed.  His Southeast Asia (SEA) time should have added 11 months to his foreign service time, which would have put him out of country for 2 years and 7 months (Europe and Asia).  He looked online and found that Executive Order 11213 recognizes Thailand, Laos, or Cambodia, or air space thereof between 1965 and March of 1973, and he should have received the VSM.  He knows his dates may vary, but he cannot find any of his travel orders to confirm this fact.

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

STATEMENT OF FACTS:

The applicant initially entered active duty into the Regular Air Force on 9 April 1971.

According to Special Order (SO) P-186, undated, the applicant’s reporting official changed effective 20 September 1972.  The SO notes the applicant was performing temporary duty (TDY) in Southeast Asia (SEA) with the 307th Tactical Fighter Squadron (307th TFS).
 
According to the applicant’s chronological record of medical care, dated 6 March 1973, he received medical treatment at the 8th USAF Hospital, Ubon, Thailand.

On 22 December 1974, the applicant was furnished an honorable discharge, and was credited with 3 years, 8 months, and 14 days of active service, to include 1 year, 6 months, and 24 days of foreign service. 

AFPC/DP3SP determined that the applicant is entitled to the award of the Air Force Good Conduct Medal (AFGCM) and will administratively correct the applicant’s records to reflect award of the AFGCM.

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

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denying the applicant’s request to be credited with service in Thailand.  In this regard, the information provided and the Master Personnel Records (MPR) did not contain information that reflects that the applicant served in Thailand.  However, they were able to verify and confirm foreign service boots on ground at Bitburg Air Base, Germany, from 2 May 1973 to 21 December 1974.

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

AFPC/DP3SP recommends denying the applicant’s request for award of the VSM.  In this regard, they were unable to locate official documentation nor did the applicant provide any to verify he served in Vietnam, Thailand, Laos, or Cambodia in direct support of operations in Vietnam or 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; or served on temporary duty for 30 consecutive or 60 non-consecutive days in the area of eligibility for award of the VSM.

By way of background, 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.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He believes it was bad record keeping as he volunteered for temporary duty with the 308th TFS and came back one month early to go to Bitburg, Germany.  Most of the pictures he submits are pictures from Udorn with the 307th TFS; he has the red hat with “307 TFS” on it at home.

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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an injustice regarding the applicant’s request to amend his DD Form 214 to include additional foreign service time.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we are not persuaded that his foreign service should be adjusted.  Based on the presumption of regularity in the conduct of governmental affairs, we must assume the applicant’s foreign service was properly documented and in compliance with appropriate directives.  Therefore, we conclude that no basis exists upon which to recommend favorable action on this portion of his request. 

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice that warrants a measure of relief.  While we note the comments of AFPC/DPAPP and AFPC/DP3SP indicating that relief should be denied because the applicant’s records contain no documentation substantiating his contention that he served in Thailand, which would give him boots on ground and qualify him for the VSM, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, the Board notes the applicant has provided a copy of his medical report, dated 6 March 1973, that documents he was treated for an illness at the 8th USAF Hospital in Ubon, Thailand, as well as a change of rater order, effective 20 September 1972, stating that he was serving with the 307th TFS in Southeast Asia, which substantiates his foreign service in Thailand and also qualifies him for award of the VSM.  Further, the 307th TFS did, in fact, deploy to Udorn Royal Thai Air Force Base, Thailand, during the period in question.  Additionally, we note the Air Force OPR has determined the applicant’s records should be corrected to reflect AFGCM.  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:

a.	He had boots-on-the-ground in Thailand.

b. His DD Form 214, Report of Separation from Active Duty, issued in conjunction with his 22 December 1974 separation, be amended in Item 26, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, to include the Vietnam Service Medal (VSM).

The following members of the Board considered AFBCMR Docket Number BC-2016-00020 in Executive Session on 16 March 2017 and 21 March 2017 under the provisions of AFI 36-2603:

, Vice Chair
, Member
, Member

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

	Exhibit A.  DD Form 149, dated 28 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 7 Jun 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 25 Jun 16.
	Exhibit E.  Letter, SAF/MRBR, dated 6 Sep 16.
	Exhibit F.  DD Form 149/Rebuttal, dated 14 Sep 16, w/atchs.