RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03065 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record be corrected to reflect he was awarded the Vietnam Service Medal (VSM), Armed Forces Expeditionary Medal (AFEM) and the Humanitarian Service Medal (HSM). On rebuttal, the applicant requests his records be corrected to reflect he served in South Vietnam. APPLICANT CONTENDS THAT: He has submitted lawful orders that provide proof that he served in a capacity that satisfies the requirements for the requested medals. Previous attempts to correct his records have failed because the Air Force Personnel Center (AFPC) indicates they do not have documentation (travel vouchers) to validate his claims that he qualifies for the recognition. Despite the absence of travel vouchers, he has maintained copies of the travel orders. He should not be denied because those responsible for maintaining the records failed to accomplish that task. He feels the orders he submitted are reasonable for this application. He is grateful for the Boards review of this application. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a former member of the Air Force who served from 18 June 1971 through 27 July 1979. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. A review of the applicant’s master personnel records and submitted documentation failed to substantiate Foreign Service time in Vietnam. The complete AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial. The Armed Forces Expeditionary Medal is awarded to members of the United States Armed Forces who, after 1 July 1958, participated in United States military operations, United States operations in direct support of the United Nations, or United States operations of assistance for friendly foreign nations. The Armed Forces Expeditionary Medal 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 in, 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. The Armed Forces Expeditionary Medal was awarded for participation in Operation FREQUENT WIND with the inclusive period from 29 April 1975 to 30 April 1975. In accordance with Section 542, Public Law 107-314, the Armed Forces Expeditionary Medal for participation in Operation FREQUENT WIND may be exchanged for the Vietnam Service Medal. However, a service member may not receive both awards for the same period of service The Humanitarian Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve components who, subsequent to 1 April 1975, distinguished themselves as individuals or as members of United States military units or ships by meritorious, direct participation in a significant military act, or operation of a humanitarian nature. Direct participation is defined as being physically present at the designated location, having directly contributed to and influenced the action. Designated location is the immediate site(s) of the humanitarian operations as defined by the Presidential request for assistance in the United States or the Department of State for overseas areas. When appropriate, the local commander in his or her recommendation may propose specific clarification of designated boundaries based on the intent of the Presidential or Department of State request. Specifically excluded from eligibility are service members or elements remaining at geographically separated locations or who were assigned to the location but did not make a direct contribution to nor influenced the action. Award of the Humanitarian Service Medal does not prevent or conflict with other medals or ribbons awarded on the basis of unit achievement, or of individual valor, achievement, or meritorious service. No service member shall be entitled to more than one award of the Humanitarian Service Medal for participation in the same military act or operation of a humanitarian nature. The Humanitarian Service Medal was awarded for qualifying participation in Vietnam in direct support of Operation BABY LIFT from 4 April 1975 to 9 May 1975. The Vietnam Service Medal was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 July 1965, and before 28 March 1973. In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the Vietnam Service Medal. To be eligible, a service member must be: permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more, days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive days or 60 non- consecutive days. Those time limitations may be waived for personnel participating in actual combat operations. After a thorough review of the applicant's official military personnel record, DPSID was unable to verify the applicant was awarded the Vietnam Service Medal, Armed Forces Expeditionary Medal or the Humanitarian Service Medal. The Air Force Personnel Center, Directorate of Assignments memorandum dated 3 December 2014, states the applicant's official military personnel record failed to provide any documentation that substantiates Foreign Service in Vietnam. The applicant previously requested to be awarded the Vietnam Service Medal, Armed Forces Expeditionary Medal and the Humanitarian Service Medal and the memorandum of response, dated 24 June 2014, "We were unable to verify award of the Vietnam Service Medal. There was no official documentation, such as paid travel vouchers, in your record to verify you were in the area of eligibility for award of the Vietnam Service Medal. In addition, although you provided documentation to support your foreign service in Vietnam, the documentation provided is not an official source documentation we can use to verify your Foreign Service. While we were able to locate Request and Authorization for Temporary Duty Military (Form 626) with orders to proceed to Ton Son Nhut Air Base, Vietnam, on or about 18 April 1975, we were unable to locate a paid travel voucher verifying Form 626 travel orders were carried out.” Unfortunately, the applicant did not provide the requested documentation with this request. DPSID was unable to locate official documentation showing the applicant was in the country of Vietnam in direct support of Operation FREQUENT WIND between 29 April 1975 and 30 April 1975 in order to receive the Armed Forces Expeditionary Medal or to exchange said Armed Forces Expeditionary Medal for award of the Vietnam Service Medal. There were also unable to locate official documentation showing the applicant was in the area of eligibility, Vietnam, in direct support of Operation BABY LIFT between 4 April 1975 and 9 May 1975 for award of the Humanitarian Service Medal. The complete AFPC/DPSID evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he has provided copies of the order sending him to Ton Son Nhut Air Base, Vietnam dated 18 April 1975. Had he failed to carry out those orders, there would have been UCMJ action in his records? The advisory opinion also states there are no paid travel vouchers within his file. Is that his responsibility after forty years? He has provided documentation to support his claim. He is proud of his service and does not feel he should be penalized because the Air Force failed to maintain records The applicant’s complete response is at Exhibit E. 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. After a thorough review of the applicant's complete submission, to include his response to the Air Force advisories and the available records, we find no evidence the applicant is entitled to the relief he seeks. We note the applicant provided travel orders; however, those orders fail to provide substantive proof of the applicant’s travel. The applicant has not provided any official documentary evidence, i.e. paid travel vouchers or corroborating witness statements to substantiate his claim. In the absence of such evidence we find no compelling basis to recommend granting the application. Therefore, we agree with the opinion and recommendation of AFPC/DPSID and adopt its rationale as the basis for our conclusion that the applicant has not provided sufficient evidence to support his request. While the applicant contends the service records should be available, the burden of proof is his. In view of the above, we find no basis to favorably consider this request. 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-2014-03065 in Executive Session on 30 April 2015 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Record Excerpts. Exhibit C. Memorandum, AFPC/DPAPP, dated 3 Dec 14. Exhibit D. Memorandum, AFPC/DPSID, dated 2 Feb 15. Exhibit E. Letter, SAF/MRBR, dated 30 Mar 15. Exhibit F. Letter, Applicant’s Response, dated 4 Apr 15.