RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01399

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

1.  He be awarded the Vietnam Service Medal (VSM).

2.  His DD Form 214, Report of Separation of Transfer from the 
Armed Forces, be corrected to reflect he served in Thailand 
(Administratively corrected).


APPLICANT CONTENDS THAT:

1.  He participated in Operation FREQUENT WIND, Operation 
BABYLIFT, and Operation NEW LIFE evacuating friendlies from 
South Vietnam and should therefore be entitled to the VSM.  

2.  He served in Thailand during Jan through Nov 75, however, 
because such service is not reflected on his DD Form 214 he is 
being denied benefits from the Department of Veterans Affairs 
(DVA). 

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
22 Feb 73.

On 21 Feb 79, the applicant was furnished an honorable discharge 
and was credited with six years of active service. 

On 24 Apr 14, AFPC/DPAPP notified the applicant of their 
determination that he should have been credited with boots on 
the ground service in Thailand from 5 Jan 75 through 10 Nov 75 
and administratively corrected his records to reflect such 
service.  
  
The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for the 
VSM indicating there is no evidence of an error or an injustice.  
The VSM is awarded to all members of the United States Armed 
Forces who served in specific qualifying locations in Southeast 
Asia in support of the Vietnam conflict during the period 3 Jul 
65 through 27 Mar 73.  While the applicant served in Thailand 
from 5 Jan 75 to 10 Nov 75, these dates are after the award 
inclusive period for the VSM and he is therefore ineligible for 
the award.  While the applicant contends he served in support of 
Operation FREQUENT WIND, in regards to the fall of Saigon, and 
the Armed Forces Expeditionary Medal (AFEM) was authorized to be 
awarded to those who supported said operation during the period 
29 – 30 Apr 75 from within the Republic of Vietnam, there is no 
evidence that the applicant provided direct support to said 
operation from within the Republic of Vietnam.  Therefore, the 
applicant is ineligible for the AFEM.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 4 Aug 14 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; 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 warranting 
correction of the applicant’s records to reflect his entitlement 
to the VSM.  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 (OPR) and adopt its rationale as the 
basis for our conclusion the applicant has not been the victim 
of an error or injustice.  We note the Air Force OPR has 
verified the applicant’s foreign service in Thailand from 5 Jan 
75 through 10 Nov 75 and will correct his records 
administratively.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting relief beyond 
that rendered administratively.


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-2014-01399 in Executive Session on 22 Jan 15, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 31 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 7 Jul 14.
Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 14.