RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01247 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He receive credit for his service in the Republic of Vietnam. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He served in Thailand and Vietnam; however, his orders and record copies reflecting his service from 1966 through 1977 are missing. He entered the Air Force in 1966 and was discharged in 1970. While stationed at Clark Air Base, PI, as a jet aircraft mechanic, he was responsible for maintaining flight aid to every base in Southeast Asia (SEA). He staged out flights from several bases in Thailand and Vietnam, mostly out of Saigon and Cameron Bay. He was on duty at Cameron Bay from 20 Jul – 14 Aug 70. He believes his symptoms are a result of contact with Agent Orange. In support of his appeal, the applicant provides a personal statement; a copy of his DD Form 214, Report of Transfer or Discharge, issued in conjunction with his 28 Aug 70 discharge; an extract of an airman performance report (APR); a statement from a former servicemember, dated 21 Jul 09, with a copy of his DD Form 214, and additional extracts from his Master Personnel Record (MPR). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force, on 30 Aug 66, for a period of four years. He was honorably discharged, on 28 Aug 70, with a reason for separation of early out for school. He was credited with 3 years, 11 months, and 29 days of active duty service, including 11 months and 20 days of foreign service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPAPP recommends denial since the information provided and the MPR did not contain information that reflects the applicant served in Vietnam. In addition, they noted that they were able to verify and confirm “boots on ground” for foreign service at Clark AB, Republic of the Philippines, from 9 Sep 69 – 28 Aug 70, for 11 months and 20 days. However, although the applicant’s APR indicates deployments to SEA, it did not specifically reflect the Republic of Vietnam. The complete AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSIDR recommends denial, stating, in part, after a complete review of the applicant’s case and considering the evidence, there was not enough evidence to substantiate that the applicant was present in the Area of Eligibility (AOE) for the 30 consecutive days or 60 nonconsecutive days of temporary duty (TDY) to qualify for the Vietnam Service Medal (VSM). The VSM was awarded to all service members of the Armed Forces who between 4 July 1965 and 28 March 1973, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace, or in Thailand, Laos, or Cambodia or the airspace thereof and in direct support of military operations in Vietnam. The service member had to be attached to or regularly serve for one or more days with an organization participating in or directly supporting military operations, or serve on temporary duty for 30 consecutive days or 60 non-consecutive days in Vietnam or contiguous areas. The applicant has supplied a letter from a former servicemember attesting that he had two 18 day TDYs to Vietnam. His performance report dated 5 August 1970 includes the statement that the applicant had TDY deployments to Southeast Asia, but does not mention Vietnam. There is no official documentation corroborating the applicant's claim. There is no proof the applicant had the 30 consecutive or 60 non-consecutive days of TDY assignments required to entitle him the VSM. Therefore, the applicant is not eligible for award of the VSM. If the two alleged 18 day TDYs that the former servicemember attests to are accepted, the applicant would still need 24 days to meet the 60 day requirement for non- consecutive TDYs. The complete AFPC/DPSIDR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 24 Jun 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Should the applicant be able to provide additional evidence to substantiate his claim, e.g., a completed travel voucher, we would be inclined to reconsider his appeal. In view of the above and 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 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-2011-01247 in Executive Session on 22 September 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 Mar 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 7 Jun 11. Exhibit D. Letter, AFPC/DPSIDR, dated 14 Jun 11. Exhibit E. Letter, SAF/MRBR, dated 24 Jun 11. Panel Chair