RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00947
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 SEPTEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant requests his records be corrected to reflect award of
the Vietnam Service Medal (VSM) and the Air Force Expeditionary Medal
(AFEM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His unit was recognized for their support in these operations
(Operation EAGLE PULL (OEP), Operation FREQUENT WIND (OFW) and
Mayaguez Operation (MO)).
In support of his appeal, applicant submitted copies of leave and
earning statements (LES), Air Force Forms 899 and extract of United
States Army Service Medals.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 May 1972, the applicant enlisted in the Regular Air Force
(RegAF) as an airman basic (AB) for a period of four years.
The applicant’s records reflect he served in Thailand from 11 June
1974 to 13 June 1975.
On 9 April 2007, AFPC/DPPPRA informed the applicant his entitlement to
the Air Force Outstanding Unit Award with Valor and one Oak Leaf
Cluster (AFOUA w/V & 1 OLC) had been verified and his DD Form 214 will
be updated.
The applicant was honorably released from active duty on 26 may 1976
in the grade of staff sergeant (SSgt). He served 4 years, 2 months
and 19 days of active service
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the requested relief be denied. They state the
AFEM is awarded to servicemembers of the United States Armed Forces
who, after 1 July 1958, have participated in a United States military
operation and encountered foreign armed opposition, or were in danger
of hostile action foreign Armed Forces and the VSM is awarded to all
servicemembers of the Armed Forces who between 4 July 1965 and 28
March 1973, served in the following areas of Southeast Asia: in
Vietnam and the contiguous waters and airspace, in Thailand, Laos or
Cambodia or the airspace thereof and in the direct support of military
operations in Vietnam.
They further state they were unable to verify the applicant’s unit
participated in the above operations to be eligible for award of the
AFEM. The applicant must provide official military documentation that
verifies his unit participation in the operations OEP, OFW and MO.
Furthermore, the applicant is ineligible for the VSM because his tour
in Thailand was after the inclusive time period for the VSM.
AFPC/DPPPR evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 April 2007, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. 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 an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or an injustice. The
applicant requests he be awarded the VSM and the AFEM. There was no
official or submitted documentation to verify the unit the applicant
served in participated in an operation that qualifed for award of the
AFEM. Furthermore, the applicant’s records reflect he was not
assigned in Thailand during the time period required for the VSM.
Therefore, in the absence of evidence to the contrary, we find no
compelling 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 AFBCMR Docket Number BC-
2007-00947 in Executive Session on 14 June 2007 under the provisions
of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Glenda H. Scheiner, Member
Mr. Michael F. McGhee, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 07, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 9 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 20 Apr 07.
JAMES W. RUSSELL III
Panel Chair
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