RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 2010-03206 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect his service in Vietnam and Thailand. 2. He records be corrected to reflect award of the Vietnam Service Medal (VSM), the Armed Forces Expeditionary Medal (AFEM) and the Vietnam Campaign Medal (VCM). ________________________________________________________________ APPLICANT CONTENDS THAT: He was on a temporary duty (TDY) assignment to Vietnam and Thailand for 114 days between Aug 1964 and Nov 1964. His awards for Foreign Service are not reflected on his DD Form 214, Armed Forces of the United States – Report of Transfer or Discharge. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 18 Aug 1961 to 17 Aug 1965. His DD Form 214 reflects eight months of Foreign Service. In response to the applicant’s request to reflect his service in Vietnam and Thailand, AFPC/DPAPP sent the applicant a memorandum dated 16 Jul 2012, stating the DD Form 214 does not reflect specific locations. However, DPAPP verified he was TDY in Thailand from 5 Aug 1964 to 27 Nov 1964, and TDY in Vietnam from 21 Sep 1964 to 27 Oct 1964. He was also advised that he could use the memorandum as proof of “boots on the ground” in Vietnam and Thailand. The VCM is awarded to members of the Armed Forces of the United States who between 1 Mar 1961 and 28 Mar 1973 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 Armed Forces of the United States who meet the criteria established for the AFEM (Vietnam) or the VSM during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces. The VSM is awarded to all members of the United States Armed Forces serving at any time between 4 Jul 1965 and 28 Mar 1973, in the area of eligibility. The area of eligibility is defined as: Vietnam, its contiguous waters, or the airspaces there-over; in Thailand, Laos, or Cambodia, their contiguous waters, or the airspaces there-over, and in direct support of operations in Vietnam. To be eligible, a Service member must have served TDY for 30 consecutive days or 60 non-consecutive days. These time limitations may be waived for personnel who participated in actual combat operations. A bronze star denotes campaign participation and is awarded for at least 1 day in each campaign phase. Personnel previously awarded the AFEM for service in Vietnam between Jul 1958 and Jul 1965, may, upon request, exchange that medal for the VSM; however, no one service member is authorized to wear both medals solely for services in Vietnam. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for award of the VCM and VSM. DPSID states there is no official documentation in his official military personnel record verifying he met the criteria for award of the VCM. While the applicant did meet the award criteria for award of the VSM, his previous award of the AFEM makes him ineligible to also be awarded the VSM. Their attempts to contact the member to ascertain if he desires to exchange the AFEM for the VSM have been unsuccessful. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 Sep 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit D). ________________________________________________________________ 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 error or injustice to warrant approval of the VSM and 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 office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Regarding his request to add the AFEM to his records, this award is already reflected on his DD Form 214. Should the applicant provide documentation that establishes he met the criteria established for award of the VCM or makes a request to exchange the AFEM for the VSM, we would be willing to reconsider his request. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 BC-2010- 03206 in Executive Session on 14 Feb 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC-2010-03206: Exhibit A. DD Form 149, dated 1 Jun 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSID, dated 24 Jun 2012. Exhibit D. Letter, SAF/MRBR, dated 11 Sep 2012.