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
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