RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02164 COUNSEL: NO HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM). _________________________________________________________________ APPLICANT CONTENDS THAT: He served 18 months at Kadena Air Base, Japan, servicing B-52 bombers in support of the Vietnam War. In support of his appeal, the applicant provides copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge (Regular Air Force); NGB Form 22, Report of Separation and Record of Service in the Army National Guard of Oklahoma; and DD Form 214N, Report of Separation from Active Duty (Navy). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served with the Regular Air Force from 5 June 1967 to 4 June 1971. He was released from active duty effective 4 June 1971 and transferred to the United States Air Force Reserve in the grade of sergeant (E-4). He served four years on active duty in the Regular Air Force. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. DPAPP states that after a thorough review of the applicant’s military records, they can confirm he was on temporary duty (TDY) on at least two occasions; 18 April 1968 for 170 days (location unknown) and from 30 October 1969 for 186 days to Kadena Air Base, Japan. There is no evidence of any time served in Vietnam. His Foreign Service on his DD Form 214 is correct. The complete DPAPP evaluation is at Exhibit C. AFPC/DPSIDR recommends denial. DPSIDR states the VSM was created by Executive Order 11231, dated 8 July 1965. It is 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: Vietnam and the contiguous waters and airspace; in Thailand, Laos, or Cambodia, or the airspace thereof, and in direct support of military operations in Vietnam. A service member must have served on TDY for 30 consecutive days or 60 non- consecutive days to be eligible for award of the VSM. Those limitations may be waived for personnel participating in actual combat operations. DPSIDR indicates that in accordance with Executive Order 11231, and the Department of Defense Manual 1348.33, the applicant did not serve in the area of eligibility for the prescribed period of time to qualify for award of the VSM. The complete DPSIDR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He qualifies for the VSM because he served in direct support of the Vietnam War effort during his two TDYs. He does not claim that he served time in Vietnam, Thailand, Laos, or Cambodia during those extensive TDYs, but he served his nation’s war effort in Vietnam as he worked on B-52 aircraft, as well as other aircraft involved directly in the War. The applicant’s complete rebuttal 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 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 opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 Docket Number BC-2011-02164 in Executive Session on 14 February 2012 under the provisions of AFI 36-2603: The following documentary evidence for AFBCMR Docket Number BC- 2011-02164 was considered: Exhibit A. DD Forms 149, dated 9 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 31 Oct 11. Exhibit D. Letter, AFPC/DPSIDR, dated 16 Nov 11. Exhibit E. Letter, SAF/MRBR, dated 2 Dec 11. Exhibit F. Letter, Applicant, not dated.