RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01030
            INDEX CODE: 107.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  27 Sep 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect award of the Joint Service Commendation  Medal
(JSCM), the Air Force Outstanding Unit Award with Valor  (AFOUA  w/V),
the Armed Forces Expeditionary Medal (AFEM), the Vietnam Service Medal
(VSM), the Republic of Vietnam Gallantry Cross with Palm (RVNGC  w/P),
and the Small Arms Expert Marksmanship Ribbon (SAEMR) (see Exhibit E),
as well as all authorized awards and medals not previously listed  and
issued.

[Note:  HQ AFPC/DPPPR determined the  applicant  is  entitled  to  the
JSCM, the AFOUA w/V and 1st Oak Leaf Cluster  (1OLC),  and  the  RVNGC
w/P;  and   his   records   have   been   administratively   corrected
accordingly.]

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records were never properly researched and  annotated.   Regarding
the AFEM, he traveled to Thailand during Jun/Jul 73 and was at U Tapan
up to one week.  He does not have his pay records, which would support
this.  He was not on the ground inside the  country  of  Vietnam.   He
documented Strategic Air Command (SAC)  combat  air  operations  while
working for the 8th Air Force (8  AF)  at  Guam  and  at  Thailand  in
support of air combat operations  against  opposing  armed  forces  at
Vietnam, Cambodia, and Laos.  He has multiple sclerosis (MS) and post-
traumatic stress disorder (PTSD), is mentally and physically disabled,
medically retired on Social Security Disability Insurance, and  unable
to work.  He performed mission-oriented meritorious service in  direct
support of combat operations at Vietnam and Cambodia against  opposing
armed forces.  He was awarded the Bronze Star Medal (BSM) for the same
periods and service that pertain to his request.

The applicant’s complete submissions (DD  Form  149  and  supplement),
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The following was extracted from the  DOD  1348.33-Manual,  Manual  of
Military Decorations and Awards:

      --The AFEM was established on 4 Dec 61, to be awarded to members
of the US Armed  Forces  who,  after  1 Jul  58,  participated  in  US
military operations and encountered foreign armed opposition, or  were
in danger of hostile action by foreign Armed Forces.  The member  must
be engaged in direct support for 30 consecutive or  60  nonconsecutive
days provided this support involves entering the area  of  operations;
be engaged in actual combat or duty that is equally  as  hazardous  as
combat duty, during the operation with armed opposition, regardless of
time in the area; or  be  a  regularly  assigned  crew  member  of  an
aircraft flying into, out of, within, or over the area in  support  of
military operations.  No individual shall be  eligible  for  both  the
AFEM and a  campaign  medal  awarded  during  a  single  tour  in  the
designated operation.  The AFEM  was  awarded  for  service  in  South
Vietnam before the VSM was issued.  Personnel previously  awarded  the
AFEM for service in Vietnam between Jul  58  and  Jul  65,  may,  upon
request, exchange that medal for the VSM; however, no  member  may  be
issued both medals for service in Vietnam.

      --The VSM, created on  8 Jul  65,  is  awarded  to  all  service
members of the Armed Forces who,  between  4 Jul  65  and  28 Mar  73,
served in the following areas of Southeast Asia: in  Vietnam  and  the
contiguous waters and airspace; in Thailand, Laos or Cambodia  or  the
airspace thereover and [emphasis added--DOD  Manual  and  AFI  36-2803
indicate “and” while the AFPC website incorrectly indicates  “or”]  in
the direct support of military operations in  Vietnam.   The  specific
eligibility criteria requires a member to be attached to  or  directly
serving for one or more days with an organization, or aboard  a  naval
vessel, directly supporting military operations; actually  participate
as a crew member on one or more  aerial  flights  directly  supporting
military  operations;  or  serve  on  temporary  duty  (TDY)  for   30
consecutive or 60 nonconsecutive days, although these time limitations
may be waived for personnel participating in actual combat operations.
However, no member may be issued both the AFEM and the VSM for service
in Vietnam.

      --The RVNGC w/P is awarded by the Republic of Vietnam  (RVN)  to
certain units of the US Armed Forces for valorous  combat  achievement
during the Vietnam War, 1 Mar 61 to 28 Mar 73.

      --The SAEMR is awarded to US Air Force members who, after  1 Jan
63, qualify as “expert” in small-arms marksmanship with either the  M-
16 rifle or issue handgun.

The  applicant’s  military  records  are  almost   nonexistent.    The
following  information  was  extracted  from  official  documents   he
provided with  his  submissions  (Exhibit  A)  and  contained  in  his
available records (Exhibit B).

The applicant enlisted in the Regular Air Force on 4 Feb  64  and  was
honorably discharged in the grade of technical sergeant on  3 Nov  77,
after 14 years, 1 month and 22 days of active service.  (Following his
discharge from active duty, he served a total of 2 years, 9 months and
9 days first with the Army National Guard of CO, and then with the Air
Force National Guard of CO.)

Two performance reports exist for the periods 4 Oct 72  through  3 Oct
73, and 4 Oct 73 through 14 Feb 74.  During this  time  the  applicant
served as the Base AM Staff Announcer  for  the  43rd  Combat  Support
Group (43 CSG) and the 43rd Strategic Wing (43 SW) (SAC), at  Andersen
AFB, Guam.  The reports do not document TDY periods.

The applicant was awarded the BSM for the period 1 Dec  72  to  28 Feb
74, for meritorious service as  News  Director-Staff  Announcer  while
assigned  to  the  43  CSG  and  as  Internal  Information  Specialist
(additional duty) while assigned to the 8 AF at Andersen AFB, Guam, in
direct support of combat operations against an opposing armed force.

Pursuant to an inquiry by the AFBCMR Staff, HQ  AFPC/DPPPR  informally
advised that, if the applicant was qualified as an “expert” in  small-
arms marksmanship with either the M-16 rifle or issue handgun and been
entitled to the SAEMR, this would usually have been documented  on  an
AF Form 522, a special  order,  or  an  AF  Form  7.   None  of  these
documents  exist  in  the  applicant’s  available  military   records.
Neither the applicant’s submission nor his available military  records
document his being qualified as an expert marksman in small arms.

On 1 Apr 05, HQ AFPC/DPAPP advised the applicant that,  regarding  his
appeal for the requested medals,  review  of  his  military  personnel
records did not document TDY or assignment to Vietnam.  HQ  AFPC/DPAPP
requested  the  applicant  provide  documents  verifying  service   in
Vietnam, such as TDY travel vouchers, TDY orders, or permanent  change
of station (PCS) orders.   The  applicant  provided  the  supplemental
letter, dated 22 Apr 05, which is included at Exhibit A.

On 31 May 05, HQ AFPC/DPAPP advised the applicant that his DD Form 214
had been administratively corrected to reflect receipt  of  the  JSCM,
the AFOUA w/V and 1OLC, and the RVNGC w/P.   They  were  not  able  to
verify entitlement to the AFEM and the VSM.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR advises the  Directorate  of  Assignments  confirmed  on
13 May 05, that the applicant was officially assigned to  Guam  during
his overseas tour and was never on the ground inside  the  country  of
Vietnam.  HQ AFPC/DPPPR was able to verify the applicant was  entitled
to the JSCM, the AFOUA w/V and 1OLC, and the RVNGC w/P.  They were not
able to verify entitlement  to  the  AFEM  and  the  VSM.   Denial  is
recommended.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submits a personnel statement,  his  affidavit  and  the
attachments included in his application.  He believes  the  basis  for
the BSM qualifies him for the AFEM and VSM.  He also now asks for  the
SAEMR, contending he earned it during basic training at Lackland  AFB,
TX.  He indicates the Air Force did list it in  his  master  personnel
file, but he cannot find it indicated on his DD Form 214.

The applicant’s complete response, with attachments, 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 error or injustice.  HQ AFPC/DPPPR has determined the
applicant is entitled to the JSCM, the AFOUA w/V  and  1OLC,  and  the
RVNGC w/P, and has administratively corrected the applicant’s  records
accordingly.  Therefore, the AFEM, the VSM, and the SAEMR are the only
decoration issues remaining for this Board’s consideration.   After  a
thorough  review  of  the  available  evidence  of  record   and   the
applicant’s submission, we are not persuaded he is entitled  to  these
awards.  The AFEM was awarded for service in South Vietnam before  the
VSM was issued on 8 Jul 65.  Personnel previously awarded the AFEM for
service in Vietnam between Jul 58 and  Jul  65  could,  upon  request,
exchange that medal for the VSM.  The VSM was awarded to  all  service
members who, between 4 Jul 65  and  28 Mar  73,  served  in  specified
capacities and in specified areas of Southeast Asia.  No member may be
issued both the AFEM and the VSM for service in Vietnam.  According to
two available performance reports, the applicant  served  at  Anderson
AFB, Guam, for the period 4 Oct 72 through 14 Feb 74.   The  applicant
claims he was TDY to Thailand during Jun/Jul 73; however, he  provides
no evidence of this.  If the applicant had been in Thailand in Jun/Jul
73 as he claims, this time period would not qualify him for either the
AFEM for service in Vietnam or the  VSM.   The  applicant’s  assertion
that his award of the Bronze Star supports his request  for  the  AFEM
and VSM was noted; however, he has not established to our satisfaction
that he met the separate criteria for award of the AFEM  or  the  VSM.
As for the SAEMR,  neither  the  applicant  nor  his  military  record
provides evidence supporting his  request  for  this  decoration.   If
receipt of the SAEMR had ever been reflected in his service record, as
he contends, no such documentation is now available in is records.  In
view of the above and absent persuasive evidence to the contrary,  the
applicant has not sustained his burden of having  suffered  either  an
error or an injustice.  Therefore, we  find  no  compelling  basis  to
recommend awarding the AFEM, VSM or the SAEMR.  However, our  decision
should in no way be construed as a  diminishment  of  the  applicant’s
personal and professional contributions  to  our  country  during  the
contested time period.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 14 September 2005 under the provisions of AFI 36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Kathy L. Boockholdt, Member
                 Mr. Wallace F. Beard, Jr., Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01030 was considered:

   Exhibit A.  DD Form 149, dated 18 Feb 05, & Supplement,
                       dated 22 Apr 05, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 24 May 05.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Jun 05.
   Exhibit E.  Letter, Applicant, 13 Jun 05, w/atchs.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair