RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03377 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Vietnam Service Medal (VSM). ________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect his VSM or credit him with the two 55-day temporary duty (TDY) assignments he served in the Republic of Vietnam. The applicant’s complete submission, with attachments, is at Exhibit A. ______________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 21 Feb 67. The applicant’s military personnel records contain a copy of an order which reflects he was ordered to perform a TDY at Tan Son Nhut Airfield, Vietnam for approximately 55 days. In addition, according to the applicant’s Airman Performance Report (APR) rendered for the period 3 Jul 68 through 2 Jan 69, the COMMENTS/INDORSEMENTS section contains the following statement, “While TDY to Tan Son Nhut AB, Vietnam, filling a five level slot, he demonstrated his professional ability by repairing system malfunctions and enabled a minimum turn around time for an aircraft with three communications discrepancies.” On 11 Jan 71, he was honorably discharged at the expiration of his term of service and was credited with 3 years, 10 months, and 21 days of total active service. The VSM is awarded to all service members of the U.S. Armed Forces serving at any time between 4 Jul 65 and 28 Mar 73, in the areas of eligibility (AOE). The AOE is defined as: Vietnam, its contiguous waters, or the airspace 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 on temporary duty (TDY) for 30 consecutive or 60 non-consecutive days. These time limitations may be waived for personnel who participated in actual combat operation. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which as attached at Exhibit C. ______________________________________________________________ AIR FORCE EVALUATION: AFRC/DPSIAR recommends denial, indicating they were unable to locate documentation in the applicant’s submission or military personnel records verifying his service in the AOE to qualify for the award of the VSM. While they could not validate the applicant was in the AOE, an analysis of the applicant’s record revealed documentation indicating that he should have been awarded the Air Force Outstanding Unit Award with Valor (AFOUA w/V) for his service from 21 Feb 67 to 11 Jan 71. A complete copy of the AFPC/DPSIAR evaluation is at Exhibit C. ______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Oct 12 for review and comment within 30 days. As of this date, no response has been received by this office (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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. While we note the comments of the Air Force office of primary responsibility (OPR) indicating they were unable to verify the exact dates the applicant served in the qualifying area of eligibility, we believe substantial evidence indicates that corrective action is warranted. In this respect, we note the applicant has provided copies of orders indicating he served at Tan Son Nhut AB, Republic of Vietnam in a temporary duty (TDY) status for a period of 55 days. Furthermore, his records contain a performance report confirming this TDY. Therefore, while the exact dates of the applicant’s service in the Republic of Vietnam could not be confirmed, we find it reasonable to conclude the applicant served in Vietnam for at least the requisite 30 days to qualify for the requested medal. Therefore, we recommend the applicant’s records be corrected as indicated below. ______________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Vietnam Service Medal (VSM). ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03377 in Executive Session on 7 February 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Jul 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 24 Sep 12. Exhibit D. Letter, SAF/MRBR, dated 16 Oct 12 Panel Chair