RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00806

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his service in the XXXXX and XXXXX.

2.  He be awarded the Vietnam Service Medal (VSM) and any ribbons associated with his enlistment (Referred to AFPC Recognitions for review)

APPLICANT’S CONTENTIONS

He spent 360 days in the XXXXX and XXXXX during three consecutive tours.  He was informed that he was awarded the Vietnam Service Medal but never received the medal or certificate and it is not listed in his records.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).  He served 3 years, 11 months and 28 days on active duty.  He was not credited with Foreign and/or Sea service.

On 4 Dec 69, according to Special Order T-3536, dated 12 Nov 69, the applicant went on a temporary duty (TDY) assignment to Air Postal Address (APO) XXXXXX.

According to Directory of USAF Organizations dated 31 Jul 66 (Declassified on 18 Mar 98), XXXXXX is identified as XXXXXXX.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  A review of his master personnel records and documentation submitted failed to provide any documents that substantiate Foreign Service time in the XXXXX or XXXXXX. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 Jan 20 for comment (Exhibit D).  The applicant responded indicating he joined the Air Force when he was 19 years old.  He is now 71 years old and he would like to receive his service medal as part of his legacy to his children and grandchildren.  He received TDY assignments to XXXXXXXXX to support the flying and maintenance of the U-2 aircraft that was classified TOP SECRET at that time.  In Nov 69, he received TDY orders to XXXXX.  The duration of his tour was 120 days but due to the death of his father, he returned early.  In Apr 70, he received TDY orders to return to XXXXXX, for 120 days.  In Apr 71, he received TDY orders to XXXXX for 120 days.  His job required him to hand deliver flight assignments to U-2 pilots prior to each mission.  The fact that these aircraft were in XXXXX was highly classified at that time.  He would be very grateful for any assistance, advice or direction the Board would give him so he may receive the medal and recognition for his boots-on-the ground service in XXXXX.  This will make a difference in his healthcare and the cost of hearing aids but most of all it would validate his service to this country.  Unfortunately, he only has one set of orders that document one tour and this set of orders lists the destination of tour as XXXXXX and not specifically, XXXXX. 

The applicant’s response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant did not exhaust all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3AM against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant’s official military record contains a copy of Special Order T-3536, which verifies he went TDY to XXXXX.  The Board also notes the applicant indicated he returned early from his TDY location due to his father’s death; therefore, the Board cannot conclusively determine the exact dates the applicant was in the XXXXX.  As such, the Board finds that the preponderance of the evidence supports the applicant’s claim and is sufficient to verify he had “Boots-on-Ground” in the XXXXX and recommends he be issued a “Boots-on-Ground”  letter.  As noted above, specific locations are not annotated on a member’s DD Form 214; therefore, the applicant can use the Board directive as proof of “Boots-on-Ground” in the XXXXX.  Accordingly, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he had Boots-on-Ground in the Republic of Vietnam.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant, the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-00806 in Executive Session on 8 May 20:

XXXXX, Panel Chair
XXXXX, Panel Member
XXXXX, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, not dated.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 21 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Jan 20.
Exhibit E:  Applicant’s Response, w/atch, dated 4 Feb 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.