RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04108

XXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect eligibility for award of the Vietnam Service Medal (VSM). 

APPLICANT’S CONTENTIONS

The Air Force made the cutoff date for this medal 15 Aug 73, between that date and 14 Aug 74, he flew 88 combat missions in a RF-4C (Reconnaissance F-4), flying low level reconnaissance missions in Laos, Cambodia and South Vietnam.  He received combat pay for those missions and was awarded the Air Medal with three oak leaf clusters.  He has advanced stage prostate cancer and would like the medal while living.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to the DD Form 214 provided by the applicant, he is a former Air Force Reserve captain (O-3).

On 31 Oct 79, according to the DD Form 214 provided by the applicant, he separated from the Air Force Reserve with 11 years, 4 months, and 7 days of active service during the period of 25 Jun 68 through 31 oct 79.  He was also credited with 9 months Foreign Service.

On 14 Nov 19, HQ AFPC/DP3AM notified the applicant of their determination that he had boots on the ground service in the Republic of Vietnam.  They were unable to determine the inclusive dates of his foreign service; however, it appears the foreign service time as reflected on his DD Form 214 is correct.      

On 9 Dec 19, HQ AFPC Recognition Team notified the applicant that the documents he provided did not support verification for award of the VSM.   He was advised to submit additional source documents, such as travel vouchers, AF Form 7, Airman Military Record, and/or AF Form 104, Service Medal Award Verification, placing him in the area of responsibility between 4 Jul 65 and 28 Mar 73.    

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

APPLICABLE AUTHORITY/GUIDANCE

AFMAN 36-2806, Awards and Memorialization Program, Vietnam Service Medal. The Vietnam Service Medal is awarded to any member of the U.S. Armed Forces serving in Vietnam, contiguous waters, or air space, including service in Thailand, Laos, Cambodia, or their air space, on or after 4 Jul 65 through 28 Mar 73.  To qualify for award of the Vietnam Service Medal a member must meet one of the following qualifications: Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.  Be attached to or regularly serve for 1 or more days aboard a naval vessel directly supporting military operations.    Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations.  Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.

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.

The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After a thorough review of the applicant’s official military personnel record and the documentation provided, we are unable to verify award of the VSM.  Moreover, absent additional documentation regarding specific dates of service in the Republic of Vietnam, we are unable to verify the applicant meets the established eligibility criteria for award of the VSM.     

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 5 Nov 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04108 in Executive Session on 31 May 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 11 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 5 Nov 21. 

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.