RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02562 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his service in Vietnam and award of the Vietnam Service Medal (VSM). ________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 does reflect he was awarded the Armed Forces Expeditionary Medal (AFEM); however, he wishes to receive the VSM in place of the AFEM. He served on temporary duty (TDY) in Vietnam for 79 days beginning on 21 September 1964. In support of his appeal, the applicant provides a copy of an excerpt of his Air Force Form 7, Airman Military Record; an Officer Record Brief; and his DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 3 January 1962 to 24 December 1965. His DD Form 214 reflects he served 3 years, 11 months, and 22 days on active duty. The remaining pertinent facts are contained in the evaluations by the offices of primary responsibility at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denying the applicant’s request to correct his record to show he served in Vietnam. DPAPP indicates that after a thorough review of the applicant’s official military service record, they were unable to verify any evidence that he served in Vietnam. The complete DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denying the applicant’s request for award of the VSM in lieu of the AFEM. DPSID states the VSM 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 Laos, or Cambodia or the airspace thereof and in direct support of military operations in Vietnam for 30 consecutive days or 60 non-consecutive days. DPSID indicates that after a thorough review of the applicant’s official military personnel record, they were unable to verify the applicant served in the area of eligibility for award of the VSM. Although his record indicates he served TDY in September 1964, no indication as to the specific location is given; therefore, rendering him ineligible for exchange of the AFEM for the VSM. However, their office was able to verify that the Air Force Medal and/or Ribbon should have been awarded to the applicant for his service from 3 January 1962 to 24 December 1965. Upon final Board decision, DPSOR will administratively correct the applicant’s record to reflect award of the National Defense Service Medal (NDSM). The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His Air Force Form 7 shows his 79 days in Vietnam starting 21 September 1964. In addition, he has located and provided a copy of the driver’s license he was issued by the South Vietnamese government while in South Vietnam in the Mekong Delta. This driver’s license shows his name, rank, and date of issue as 26 October 1964, which coincides within the 79 days he spent in country. He needed this driver’s license to drive both on and off the base in Vietnam. He flew into Tan Son Nhut Air Base, Saigon, Vietnam, under TDY orders assigning him to the 2nd Air Division. From there he went to Bac Lieu. However, his TDY orders were stolen amongst other military documents he had back in the 1990’s. The driver’s license, along with his Air Force Form 7 showing 79 days of Foreign Service, should be more than sufficient to warrant correction of his records and award of the VSM. The applicant’s complete rebuttal, with attachments, is at Exhibit F. ________________________________________________________________ THE BOARD RECOMMENDS 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 evidence has been presented to show an error or injustice with regard to the Vietnam Service Medal. Based on the date of the Vietnam issued driver’s license of 26 October 1964, and the applicant’s assertion that the 79 days of an unknown TDY location starting on 21 September 1964 (as indicated on his Air Force Form 7) was served in Vietnam, he does not meet the criteria of the inclusive period for award of the VSM as it is awarded for the inclusive period of 4 July 1965 to 28 March 1973. 4. Sufficient relevant evidence has been presented to demonstrate an error in regard to the applicant’s request to correct his record to show Foreign Service in the Republic of Vietnam. Based on the applicant’s submission of his Vietnam issued driver’s license, we concur he has provided sufficient evidence to show he was in Vietnam. However, the driver’s license cannot be used to substantiate how long the applicant had “Boots–on-the-Ground” in Vietnam. Therefore, we recommend the applicant’s record be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he had boots-on-the-ground in the Republic of Vietnam on 26 October 1964. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02562 in Executive Session on 27 February 2014, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2013- 02562 was considered: Exhibit A. DD Form 149, dated 24 Dec 65, w/atchs. Exhibit B. Airman Military Record. Exhibit C. Letter, AFPC/DPAPP, dated 1 Jul 13. Exhibit D. Letter, AFPC/DPSID, dated 16 Sep 13. Exhibit E. Letter, SAF/MRBR, dated 6 Dec 13. Exhibit F. Letter, Applicant, dated 18 Dec 13.