RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01642

					COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  He receive foreign-service credit for serving in Vietnam, the United Kingdom, and Japan. 

2.  He be awarded the Vietnam Campaign Medal (VCM).

APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, does not reflect two of his temporary duty (TDY) assignments.  He went to Mildenhall, England during the period 8 Aug 67 through 12 Nov 67, and Tachikawa, Japan and Cam Rahn Bay, Vietnam during the period Feb 68 to Jul 68.  His whole squadron deployed together, and no individual orders were issued.  He didn’t receive foreign-service credit, or the associated decorations for his foreign service.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Oct 65.

On 4 Oct 67, the applicant received an AF Form 909, A1C, A2C, A3C, and AB Performance Report, covering the period 1 Oct 66 through 30 Sep 67, on which his reporting official entered the following statement, “While TDY in England, due to last minute changes in the flying schedule he has installed or taken out dual rails in the least time possible.”

On 11 Oct 68, the applicant received an AF Form 910, TSgt, SSgt, and Sgt Performance Report, covering the period 1 Oct 67 through 30 Sep 68, on which his reporting official entered the following statement, “During the past 60 days of TDY in Tachikawa AB, Japan (the applicant) took over duties as Crew Chief of aircraft 63-7823 which were carried out in an outstanding manner…”.

According to the documentation submitted by the applicant, the Director of the Department of the Army Joint Services Records Research Center, verified that on 4 Feb 68 the applicant’s unit (777th TAS) deployed two aircraft from Cam Rahn Bay Air Force Base, South Vietnam, which participated in the TET Offensive; his Wing aircraft played a major role in the supply of airdrop and airlift missions to the besieged Marine base at Khe Sahn, South Vietnam; on 10 Apr 68, the 777th TAS started 90-day TDYs to Southeast Asia; and, played a major role in the supply airlift in A Shau Valley in combat conditions, which included heavy ground fires.  

On 26 Feb 69, the applicant was furnished an honorable discharge, was credited with 3 years, 4 months, and 18 days of active service, with no foreign-service credit, and was credited with award of the Vietnam Service Medal (VSM).  

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 and D.    

AIR FORCE EVALUATIONS:

AFPC/DPAPP recommends granting credit for foreign-service in Japan, indicating there is evidence of an error or an injustice, but recommend denying credit for foreign-service in the UK or Vietnam.  A thorough review of the applicant’s official military record verified his service at Tachikawa Air Base, Japan for 60-days, but did not verify any foreign service in Vietnam or the United Kingdom.  Recommend disapproval of foreign-service credit for Vietnam or the United Kingdom. 

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

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  The Vietnam Campaign Medal (VCM) is awarded to members of the United States Armed Forces 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 established 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 or 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.

A thorough review of the applicant's official personnel record failed to verify award of the VCM, or any documentation indicating he 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 month.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 2 Feb 17 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; 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 concerning the applicant’s request for foreign-service in Vietnam and award of the VCM.  We note the letter from the Department of the Army stating the applicant’s unit was in Vietnam.  However, the applicant did not provide substantial evidence to show that he was present in Vietnam.  Therefore, we agree with the opinions and recommendations of AFPC/DPAPP and AFPC/DP3SP and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting this portion of his request.

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice concerning the applicant’s request for foreign-service credit for the United Kingdom and Japan.  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 or injustice.  While we note the comment and recommendation of AFPC/DPAPP indicating the applicant’s request for foreign-service credit for the United Kingdom should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention he served in the United Kingdom, we believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, we note the applicant’s performance report covering the period 1 Oct 66 hrough 30 Sep 67 makes reference to his TDY to England.  In addition, the Board verified 61 days of foreign service credit for the applicant based upon AFPC/DPAPP’s confirmation of 60-days of service at Tachikawa Air Base, Japan, and one additional day of service in England confirmed in his EPR covering the period 1 Oct 66 through 30 Sep 67.  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:

1.  Show he had boots on the ground in Japan and The United Kingdom.

2.  Change Block 22c, Foreign and/or Sea Service, on his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect 61 days of foreign-service.

The following members of the Board considered AFBCMR Docket Number BC-2016-01642 in Executive Session on 25 Jul 17 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 17 Apr 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 20 Jul 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 14 Oct 16.
	Exhibit E.  Letter, SAF/MRBR, dated 2 Feb 17.

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