RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01735
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 DEC 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, be
corrected to reflect credit for service in Vietnam and that he be
awarded the Humanitarian Service Medal (HSM), the Air Force
Outstanding Unit Award (AFOUA), the Armed Forces Expeditionary
Medal (AFEM), or if eligible, the Vietnam Service Medal (VSM)
rather than the AFEM, and any other medals that may have been
omitted.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His Vietnam service for Operation FREQUENT WIND (OFW) was omitted
because it was most likely overlooked when his DD Form 214 was
prepared.
His sons are applying for college scholarships and he needs to have
his DD Form 214 reflect his service in the Republic of Vietnam
(RVN). The impact of these scholarships would make the difference
between their attendance or not.
In support of his appeal, applicant submitted a DD Form 214, dated
15 Jul 75; copies of a Temporary Duty (TDY) order, dated 22 Apr 75,
reflecting a tour from Hawaii to the Philippines, and copies of
travel vouchers; letters for award of the HSM, and other pertinent
documents related to his appeal.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
During the period under review, applicant served on active duty
from 31 Aug 71 to 15 Jul 75. He was promoted to the rank of
sergeant with a date of rank of 1 Sep 73. Applicant served in Air
Force Specialty Code 81250 as a law enforcement specialist.
On 15 Jul 75, he was honorably released from active duty and
transferred to the Air Force Reserve. During this period, he was
credited with 3 years, 10 months, and 15 days of active duty
service, (including 3 years, 6 months, and 22 days of foreign
service.
Applicant was awarded the National Defense Service Medal (NDSM),
Small Arms Expert Marksmanship Ribbon (SAEMR), and the Air Force
Good Conduct Medal (AFGCM).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR reviewed this application and recommended denial for
award of the AFEM and the HSM for service during Operation FREQUENT
WIND. They found no evidence the applicant was in the approved
area of operation for the inclusive periods for award of the AFEM
or the HSM.
The AFEM is awarded to members of the United States Armed Forces
who, after 1 Jul 58, have participated in a United States military
operation and encountered foreign armed opposition, or were in
danger of hostile action by foreign Armed Forces.
The inclusive period for award of the AFEM in support of OFW is
29-30 Apr 75, for the area of Saigon, South Vietnam.
IAW DOD1348.33-M, para 6-7, to be entitled to the AFEM, members
must be in direct support of an approved operation for
30 consecutive days (or for the full period when an operation is
less than 30 days duration) or 60 days nonconsecutive days in the
AOR provided the support involved entering the AOR.
The inclusive period of the HSM for OFW is 29-30 Apr 75 for the
area of Vietnam. Applicant’s record reflects he was in the area on
28 Apr 75.
HQ AFPC/DPPPR’s complete 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 3 Jul 07 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we found no evidence the applicant was entitled to
award of the Armed Forces Expeditionary Medal or the Humanitarian
Service Medal during Operation FREQUENT WIND. Therefore, we agree
with the opinion and recommendation of the Air Force office of
primary responsibility and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. Hence, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the
relief sought in this application.
4. Applicant’s DD Form 214 will be corrected administratively to
reflect award of the AFOUA (while assigned to the 15th SPS) and the
HSM (in support of Operation BABY LIFT (OBL) during his TDY to
Saigon on 27-28 Apr 75.
___________________________________________________________________
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-2007-01735 in Executive Session on 15 August 2007, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Reginald P. Howard, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 22 Jun 07.
Exhibit D. Letter, SAF/MRBR, dated 3 Jul 07.
MICHAEL J. NOVEL
Panel Chair
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