Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-01735
Original file (BC-2007-01735.doc) Auto-classification: Denied


                       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

Similar Decisions

  • AF | BCMR | CY2007 | BC-2007-00947

    Original file (BC-2007-00947.doc) Auto-classification: Denied

    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). In support of his appeal, applicant...

  • AF | BCMR | CY2010 | BC-2010-03119

    Original file (BC-2010-03119.txt) Auto-classification: Denied

    ________________________________________________________________ THE APPLICANT CONTENDS THAT: His DD Form 214, Report of Separation from Active Duty, should be amended to include his service time in Vietnam because he served almost a year in Southeast Asia (SEA) in support of Operation BABYLIFT and Operation FREQUENT WIND. 1.1.5., also includes the dates, 29 – 30 Apr 75. ________________________________________________________________ The following members of the Board considered AFBCMR...

  • AF | BCMR | CY2011 | BC-2011-04991

    Original file (BC-2011-04991.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force primary office of responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial of award of the Armed Forces Expeditionary Medal (AFEM) and/or the Vietnam Service Medal (VSM), indicating there is no evidence of an error or injustice. The AFEM is awarded for deployed service to...

  • AF | BCMR | CY2006 | BC-2007-00039

    Original file (BC-2007-00039.doc) Auto-classification: Denied

    Applicant’s record reflect a TDY to U-Tapao Air Field, Thailand, from Nov 74 – Apr 75. The VSM is awarded to all service members of the Armed Forces who between 4 Jul 65 and 28 Mar 73, served in Southeast Asia. We took notice of the applicant's complete submission in judging the merits of the case; however, 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...

  • AF | BCMR | CY2014 | BC 2014 01878

    Original file (BC 2014 01878.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01878 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P). The applicant served on active duty from 21 Sep 73 through 7 Nov 80, which is after the eligibility dates for award of the VSM or the RVGC w/P. Further, after a thorough review of the applicant’s...

  • AF | BCMR | CY2010 | BC-2010-02396

    Original file (BC-2010-02396.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02396 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: One of his two Armed Forces Expeditionary Medals (AFEM) be exchanged for the Vietnam Service Medal (VSM). The VSM is awarded to all service members of the Armed Forces who between 4 July 1965 and 28 March 1973, served in the following areas...

  • AF | BCMR | CY2002 | 0101927

    Original file (0101927.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01927 INDEX CODE 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect the award of the Armed Forces Expeditionary Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: He believed he should have been awarded the Armed Forces...

  • AF | BCMR | CY2014 | BC 2014 01399

    Original file (BC 2014 01399.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01399 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the VSM indicating there is no evidence...

  • AF | BCMR | CY2010 | BC-2010-02125

    Original file (BC-2010-02125.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02125 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be entitled to award of the Vietnam Service Medal (VSM). The applicant’s record will be administratively corrected to reflect her entitlement to the award of the Air Force Training Ribbon (AFTR) and the Air Force Outstanding Unit Award,...

  • AF | BCMR | CY2014 | BC 2014 03065

    Original file (BC 2014 03065.txt) Auto-classification: Denied

    A review of the applicant’s master personnel records and submitted documentation failed to substantiate Foreign Service time in Vietnam. 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. While we were able to locate Request and Authorization for Temporary Duty Military (Form 626) with orders to proceed to Ton...