RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00561 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. He be entitled to the Armed Forces Expeditionary Medal (AFEM). 2. He be entitled to the Vietnam Campaign Medal (VCM). (Will be administratively corrected) APPLICANT CONTENDS THAT: He served in Da Nang and Dong Ha Vietnam from March 1968 through March 1969. He earned the Vietnam Service Medal (VSM), the AFEM and the VCM; however, his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, only reflects the VSM. He is requesting the aforementioned awards so he can obtain health benefits from the Department of Veterans Affairs (DVA). The applicant provides no rationale as to why his failure to timely file should be waived in the interest of justice. In support of his request, the applicant provides copies of his DD Forms 214, AF Form 100, Request and Authorization for Separation; AF Forms 899, Request and Authorization for Permanent Change of Station - Military; AF Forms 1098, Personnel Action Request and DVA Health Eligibility Center Alert webpage. His complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Regular Air Force from 6 June 1966 through 3 April 1970. His AF Form 7, Airman Military Record, reflects he was assigned in Vietnam from 22 March 1968 to 18 March 1969. THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the AFEM. The applicant does not meet the eligibility requirements for the aforementioned award. The AFEM may be awarded to members of the United States Armed Forces who after 1 July 1958; participate, or have participated, as members of United States Military units in a United States Military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; encounter, incident to such participation, foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize. Service members must have been permanently assigned, attached, or detailed to a unit that participated or engaged in direct support of the operation for 30 consecutive days in a designated area of eligibility in a foreign territory (or for the full period when an operation is less than 30 days duration) or for 60 non-consecutive days provided the support involved entering the area of eligibility or met the following criteria: was engaged in actual combat, or duty that was equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area of eligibility, or was wounded or injured and required medical evacuation from the area of eligibility while participating in the operation, regardless of time in the area of eligibility. However, no service member may be issued both medals for service in Vietnam. To grant relief would be contrary to the eligibility criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department. Notwithstanding the above, DPSID was able to verify the applicant's entitlement to the Air Force Outstanding Unit Award with Valor and with one Bronze Oak Leaf Cluster, the VSM with one Silver Service Star, the Republic of Vietnam Gallantry Cross with Palm, and the VCM. Upon the final Board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DPSOR. The complete DPSID evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 8 May 2014, a copy of the Air Force evaluation was forwarded to the applicant 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 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 the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion that relief beyond that already granted administratively is not warranted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 15 January 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR BC-2014- 00561 was considered: Exhibit A. DD Form 149, dated 4 February 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 11 April 2014, w/atch. Exhibit D. Letter, SAF/MRBR, dated 8 May 2014.