RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02260 XXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be entitled to the Vietnam Service Medal (VSM). 2. He be entitled to the Southwest Asia Service Medal (SWASM). 3. His records be corrected to reflect his rank as Staff Sergeant (SSgt, E-5). ________________________________________________________________ APPLICANT CONTENDS THAT: He was given a promotion to the rank of SSgt prior to his discharge. However his DD Form 214, Armed Forces of the United States report of Transfer or Discharge, incorrectly reflects his rank as Airman First Class (A1C, E-4). In addition he flew all over Southwest Asia during his tour of duty in Vietnam, but was not issued a VSM. In support of his request, the applicant provides a copy of his DD Form 214. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force from 8 Jul 1963 through 7 Jul 1967. He has five months and eight days of Foreign and/or Sea Service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force at Exhibit C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s requests for award of the VSM and the SWASM. DPSID states that the VSM is awarded to all service members of the Armed Services who between 4 Jul 1965 and 28 Mar 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 the direct support of military operations in Vietnam for 30 consecutive days or 60 non-consecutive days. DPSID was unable to locate official documentation verifying the applicant served in the area of eligibility for award of the VSM. The SWASM is awarded to members of the United States armed forces who served in support of Operations DESERT SHIELD or DESERT STORM in one or more of the following areas from 2 Aug 1990 through 30 Nov 1995: the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 100 N. latitude and west 680 E. longitude, as well as the total areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. The applicant's date of separation is 7 Jul 1967, rendering him ineligible for award of the SWASM. To grant award of the VSM or the SWASM would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards The complete DPSID evaluation is at Exhibit C. AFPC/DPSOE recommends denial. DPSOE states that the applicant's DD Form 214 correctly reflects his rank at time of his discharge from the Regular Air Force. Reserve Order CA-040293, dated 30 Aug 1969, reflects the rank that he obtained while serving in the Reserves. The DD Form 214 is not accomplished upon discharge from the Reserves. Therefore, based on the documentation in his records, the applicant was discharged from Regular Air Force in the proper grade of E-4. The complete DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 Oct 2013, copies of the Air Force evaluations were forwarded to the applicant 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 the applicant has not been the victim of an error or injustice. 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 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 20 Feb 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? The following documentary evidence pertaining to AFBCMR BC-2013- 02260 was considered: Exhibit A. DD Form 149, dated 2 May 2013, w/atch. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 1 Jul 2013. Exhibit D. Letter, AFPC/DPSOE, dated 30 Aug 2013. Exhibit E. Letter, SAF/MRBC, dated 15 Oct 2013. 1 Panel Chair FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 8 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 4 1