RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03067 COUNSEL: NO HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His military service record be corrected to reflect the time he served in Vietnam. 2. He be given award entitlements for his service in Vietnam. ________________________________________________________________ APPLICANT CONTENDS THAT: He served temporary duty (TDY) in Tan Son Nhut AB, Republic of Vietnam for 70 days. He has been continually submitting his appeal to change his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, since 05. The Department of Veterans Affairs (DVA) denied his claim of post-traumatic stress disorder and exposure to herbicides. The DVA stated the evidence of record showed he served in the Republic of Vietnam during the Vietnam Era, therefore, exposure to herbicides is conceded. In support of his request, the applicant provides copies of AF Form 626, Temporary Duty Order – Military, a personal statement, his DD Form 214, and his DVA Rating Decision. 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 17 Mar 61 to 6 Mar 65 and from 30 Aug 65 to 26 Sep 66. His DD Form 214 reflects a total of 5 years and 27 days of total active service with 5 months and 18 days of Foreign Service. The Vietnam Service Medal (VSM), created on 8 Jul 65, is awarded to all service members of the Armed Forces who, between 4 Jul 65 and 28 Mar 73, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace there over in the direct support of military operations in Vietnam. The specific eligibility criteria requires a member to be either: Attached to or regularly serving for one, or more, days with an organization participating in or directly supporting ground (military) operations, Attached to or regularly serving for one, or more, days aboard a naval vessel directly supporting military operations, Actually participate as a crew member in one or more aerial flights directly supporting military operations, or Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days, which may be waived for personnel participating in actual combat operations. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPAPP recommends denial of his request for service in Vietnam. DPAPP states they could not verify any time served in Vietnam; however, they did confirm boots on the ground foreign service at Mactan Air Base, Republic of the Philippines, from 8 Feb 66 to 25 Jul 66. The complete DPAPP evaluation is at Exhibit C. HQ AFPC/DPSIDR recommends denial of his request for entitlement to the VSM. DPSIDR states the applicant was awarded the National Defense Service Medal (NDSM) for honorable active military service during the Vietnam era of 1 Jan 61 through 14 Aug 74. No additional entitlements could be validated for the applicant’s foreign service. The complete DPSIDR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 16 Dec 11, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (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 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. While the applicant provides TDY orders for 70 days to Vietnam, we find no evidence that he ever completed the TDY. 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 issues 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 this application in Executive Session on 16 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-03067: Exhibit A. DD Form 149, dated 18 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPAPP dated 8 Nov 11. Exhibit D. Letter, HQ AFPC/DPSIDR, dated 6 Dec 11. Exhibit E. Letter, SAF/MRBR, dated 16 Dec 11.