RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00102 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The following medals be added to his DD Form 214, Certificate of Release or Discharge from Active Duty: Meritorious Service Medal (MSM) Vietnam Service Medal (VSM) APPLICANT CONTENDS THAT: Since he received the Vietnam Campaign Medal (VCM), he should have also received the VSM. In support of his request, the applicant provides copies of his DD Form 214 and MSM citation. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to DD Form 214, the applicant served on active duty for the period 25 August 1970 through 20 June 1982 and was awarded the Vietnam Campaign Medal. According to Special Orders Number AC-010695 dated 24 July 1981, the applicant was relieved from active duty and retired effective 1 July 1982, in the grade of Technical Sergeant (TSgt, E-6). He was credited with 20 years, 20 months and 3 days of active service. OPM Form 813, Verification of a Military Retiree's Service in Non- Wartime Campaigns or Expeditions, dated 24 April 1984, indicates the applicant was awarded the VSM for the period 29 August 1970 to 15 January 1973. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit D. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial indicating there is no evidence of an error or injustice. A review of the applicant’s master personnel records and documentation submitted failed to substantiate Foreign Service time in Vietnam. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request for the VSM indicating they are unable to verify he met the criteria. The VSM was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 July 1965 and before 28 March 1973. In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period were also eligible for the VSM. To be eligible, a service member must be: permanently assigned, attached, or detailed for one or more days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one or more days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive days or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations. The applicant's AF Form 7, Airman Military Record, indicates the VSM appears to have been validated during his time as member of the Air Force Reserve. However, AFPC/DPSID has been unable to validate the applicant met the criteria for award of the VSM while he was a member of the Regular Air Force. To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force, Chief of Staff, and/or the War Department. Notwithstanding the above, AFPC/DPSID recommends approval of the applicant’s request to add the MSM to his DD Form 214. Although AFPC/DPSID is unable to locate a special order verifying award of the MSM, the applicant provided what appears to be an authentic copy of a signed certificate for award of the MSM. Should the Board approve the applicant’s request; a special order will be accomplished so that the applicant's record can be updated. Additionally, AFPC/DPSID was able to verify the applicant's entitlement to the Air Force Outstanding Unit Award with four Bronze Oak Leaf Clusters and the Republic of Vietnam Gallantry Cross with Palm. Upon final Board decision, administrative correction of his official military personnel record will be completed by AFPC/DPSOR. A complete copy of the AFPC/DPSID evaluation, with attachment, is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 October 2015, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 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 an error or injustice to warrant adding the MSM to the applicant’s DD Form 214. Having carefully reviewed this application, we agree with the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or injustice. Additionally, we note that AFPC/DPSID recommends denial of the applicant’s request to add the VSM to his DD Form 214 because they were unable to validate that he met the criteria for award of the VSM while he was a member of the Regular Air Force. However, we disagree. In this respect, we note the applicant’s OPM Form 813, dated 24 April 1984, indicates he was awarded the VSM for the period 29 August 1970 to 15 January 1973, while he was on active duty. As such, we find this evidence sufficient to conclude that the VSM should be added to the applicant’s DD Form 214. Therefore, in addition to the administrative corrections noted above, we recommend the applicant's records be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 30 June 1982 discharge, be amended in Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service), to reflect the Meritorious Service Medal and the Vietnam Service Medal The following members of the Board considered AFBCMR Docket Number BC-2015-00102 in Executive Session on 3 December 2015 and 24 February 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 January 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPAPP, dated 15 May 2015. Exhibit D. Memorandum, AFPC/DPSID, dated 23 September 2015. Exhibit E. Letter, SAF/MRBR, dated 7 October 2015.