RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05422 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) for his service in Southeast Asia (SEA). ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should have been awarded the VSM for his air refueling missions he flew in SEA in support of the Vietnam War. He was on Temporary Duty (TDY) to SEA in support of the war; however, his home unit did not submit him for this award. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 1 Sep 81 retirement; his TDY orders and vouchers, and various other documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 10 Aug 59, the applicant enlisted in the Regular Air Force, and served until he was relieved from active duty on 31 Aug 81. At retirement, he was credited with 22 years and 21 days of active duty service, including 8 years, 4 months and 25 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 and in the direct support of military operations in Vietnam. The specific eligibility criteria requires a member to be attached to or directly serving for one or more days with an organization, or aboard a naval vessel, directly supporting military operations; actually participate as a crew member on one or more aerial flights directly supporting military operations; or serve on temporary duty (TDY) for 30 consecutive or 60 nonconsecutive days, although these time limitations may be waived for personnel participating in actual combat operations. However, no member may be issued both the AFEM and the VSM for service in Vietnam. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial, stating, in part, that the applicant did not serve in the area of eligibility for 30 consecutive days or 60 non-consecutive days. To grant relief would be contrary to the eligibility criteria established by Department of Defense Manual (DoDM) 1348.33. DPSID noted that after a thorough review of the applicant's official military personnel record and provided documentation they were unable to verify award of the VSM. The applicant provided documentation that shows he served on temporary duty in Thailand from 19 Nov 66 to 27 Nov 66, 3 Dec 66 to 5 Dec 66 and then again from 9 Dec 66 to 15 Dec 66 for a total of 18 non- consecutive days. Unfortunately it cannot be determined whether the applicant meets the eligible criteria for award of the VSM. As previously stated the documentation only indicates the applicant served temporary duty in Thailand for 18 non-consecutive days, his dates of service do not meet the 30 consecutive days or 60 non- consecutive days in accordance with the DoDM 1348.33. In addition, DPSID notes that based also on their review of the applicant's official military personnel record, they were able to determine that he should have been awarded the Air Force Outstanding Unit Award with Three Bronze Oak Leaf Clusters (AFOUA w/3BOLC) vice 1BOLC and that his record will be administratively corrected. The complete DPSID evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 Feb 13 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. 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, based on a review of the available records, we could not confirm nor were we persuaded that the applicant met the criteria that would qualify him for award of the Vietnam Service Medal. In view of the above, we do find a sufficient basis to warrant relief beyond that already granted administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting further relief 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-2012-05422 in Executive Session on 27 Aug 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 25 Jan 13, w/atch. Exhibit D. Letter, SAF/MRBR, dated 3 Feb 13. Panel Chair 1 3