RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04137 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Armed Forces Expeditionary Medal (AFEM) be exchanged for the Vietnam Service Medal (VSM). ________________________________________________________________ APPLICANT CONTENDS THAT: His coronary artery disease is associated with Agent Orange herbicide exposure during his service in Vietnam. The Department of Defense guidance allows exchange of the AFEM for the VSM. The Department of Veteran Affairs (DVA) does not recognize the AFEM as proof of Vietnam service. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant initially entered the Air Force on 30 Dec 64. On 29 Oct 68, the applicant was released from active duty and was credited with 3 years and 10 months of active service, which included one year, nine months, and three days of foreign service. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice. A review of the applicant’s Master Personnel Records and the documentation submitted failed to substantiate any service time in Vietnam. The applicant’s overseas service at Hickam Air Force Base (AFB), Hawaii (HI) and a temporary duty assignment (TDY) to Mactan Air Base (AB), Republic of the Philippines (PI) were verified. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. Executive Order 11231 authorizes Service members who earned the AFEM for service in Vietnam between 1 Jul 58 and 4 Jul 65 to receive the VSM instead of the AFEM. However, no Service member may have both medals for service in Vietnam. The VSM is awarded to all members of the U.S. Armed Forces who served between 4 Jul 65 and 28 Mar 73 in Vietnam and its contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of operations in Vietnam as a crewmember in one of more aerial flights directly supporting military operations, or, for 30 consecutive days or 60 nonconsecutive days. These limitations may be waived for personnel participating in actual combat operations. After a thorough review of the applicant’s official military personnel record, the applicant appears to have served at Hickam AFB, HI with a TDY to Mactan AB, PI; however, his records do not reflect any time served in Vietnam. The applicant was awarded the AFEM, but his records did not reveal the basis on which it was awarded. The AFEM has not been authorized for service in either Hawaii or the Philippines. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Jan 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSID and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the applicant was awarded the Armed Forces Expeditionary Medal (AFEM) and the AFEM, if awarded for Vietnam service, can be exchanged for the VSM, the evidence presented is not sufficient for us to conclude the applicant earned the AFEM while serving in Vietnam. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2012-04137 in Executive Session on 2 May 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, 30 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPAPP, dated 7 Nov 12. Exhibit D. Letter, AFPC/DPSID, dated 3 Jan 13. Exhibit E. Letter, SAF/MRBR, dated 11 Jan 13. Panel Chair