ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-04397
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Republic of Vietnam Campaign Medal (RVCM),
Combat Readiness Medal (CRM), Vietnam Service Medal (VSM), Air
Force Overseas Ribbon-Long Tour (AFOR-LT), Combat Service
Commemorative Medal and the Republic of Vietnam Service
Commemorative Medal.
STATEMENT OF FACTS:
By DD Form 149, dated 1 Dec 08, the applicant requested his
records be corrected to reflect he was awarded the Purple Heart
(PH) Medal, the Bronze Star Medal (BSM), the Air Force
Commendation Medal (AFCM), the Presidential Unit Citation (PUC),
the Air Force Outstanding Unit Award (AFOUA), the Good Conduct
Medal with on Bronze Oak Leaf Cluster (GCM w/1 BOLC), the Combat
Readiness Medal (CRM), the American Defense Medal (ADSM), the
National Defense Service Medal (NDSM), the Air Force Overseas
Ribbon (AFOR), and the Air Force Training Ribbon (AFTR). In
response to an advisory opinion rendered in his case, the
applicant clarified that he was only requesting award of the PH
Medal and BSM. On 3 Nov 09, the Board considered and denied the
applicants request, concluding the evidence presented by the
applicant was not sufficient to conclude he was the victim of an
error or injustice. For an accounting of the facts and
circumstances surrounding his request, and the rationale for the
earlier decision by the Board, see the Record of Proceedings,
with attachments, at Exhibit F.
The applicant requested reconsideration for award of the PH in
Mar 10 and May 10 via his congressional representative. On
31 Mar 10 and 14 Jun 10, the Board staff reviewed the
documentation provided and informed the Senators office that
the documentation did not meet the criteria for reconsideration
and that reconsideration is provided only where newly discovered
relevant evidence is presented which was not available when the
application was submitted. Furthermore, the reiteration of
facts that have been previously addressed, uncorroborated
personal observations, or additional arguments on the evidence
of record are not adequate grounds for reopening a case
(Exhibit G).
By virtue of an DD Form 149, Application for Correction of
Military Record, dated 30 Aug 13, the applicant is requesting
award of the RVCM, CRM, VSM, Air Force Overseas Ribbon-Long
Tour, Combat Service Commemorative and the Republic of Vietnam
Service Commemorative. The applicant contends these awards were
not added to his record due to an oversight in the preparation
of his DD Form 214 (Exhibit H).
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request for the
VSM, indicating there is no evidence of an error or an
injustice. The applicant was awarded the Armed Forces
Expeditionary Medal (AFEM) when he was assigned to the
35th Tactical Group, Don Muang Airport, Thailand from 4 Dec 64 to
4 Dec 65. Service members such as the applicant who earned the
AFEM for service in Vietnam between 1 Jul 58 and 3 Jul 65 may
elect to receive the VSM instead of the AFEM. However, no
service member may be issued both medals. The applicant may
exchange the AFEM he received for his service in Thailand for
the VSM with two Bronze Service Stars (BSS). Should he choose
to do so, he must request the exchange, which will result in the
AFEM being deleted from the DD Form 214 and the addition of the
VSM with two BSS. As for his request for the CRM, there was no
official documentation found to substantiate the applicant met
the requirements for award of the CRM, which includes the
following: qualifying service in combat or mission ready status
for direct weapons systems employment, defined as an Aircrew
whose wartime mission places them into enemy territory on in the
threat envelope of ground enemy defenses; a missile operation
which could employ weapons to destroy enemy targets; individuals
who directly control in-flight manned aircraft whose wartime
mission is to seek and destroy enemy targets. Additionally, an
individual must also meet the all of the following criteria: be
a member of a unit subject to combat readiness reporting, be
formally certified as combat or mission ready in performing the
command or unit operational mission, be subject to a continuous
individual positional evaluation program, have completed
24 months of sustained combat or mission readiness with no the
more than a 120-calendar day break. As for his request for the
AFOR-LT, the applicants dates of service were years prior to
the award being authorized. The AFOR-LT was authorized by the
Chief of Staff of the Air Force on 12 Oct 80 and is awarded to
Air Force and Air Force Reserve members credited with completion
of an overseas tour on or after 1 Sep 80. Only individuals
serving on active duty as of 6 Jan 86 are eligible to have the
ribbon applied retroactively for completion of an overseas tour.
As the applicant did not serve on or after 6 Jan 86, he is
ineligible for the retroactive provisions of the award criteria.
As for his requests for the Combat Service Commemorative Medal
and the Republic of Vietnam Service Commemorative Medal, these
are not official Air Force decorations, but primarily
celebratory display medals. Accordingly, it would be
inappropriate to correct the applicants records to reflect he
received these commemorative medals. However, the applicant can
obtain these awards from a commercial source. Finally, as for
his request for the RVCM, a review of the applicants official
military personnel records revealed he was eligible for the
award and his records will be corrected administratively.
A complete copy of the AFPC/DPSID evaluation is at Exhibit I.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Jan 14 for review and comment within 30 days
(Exhibit J). 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 injustice regarding the
applicants request for award of the Combat Readiness Medal
(CRM), Vietnam Service Medal (VSM), Air Force Overseas Ribbon-
Long Tour (AFOR-LT), Combat Service Commemorative Medal and the
Republic of Vietnam Service Commemorative Medal. We took notice
of the applicants 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 (OPR) and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
With respect to his request for the Vietnam Service Medal, we
note the comments of the Air Force OPR indicating the applicant
may request to exchange his Armed Forces Expeditionary Medal
(AFEM) for the VSM, provided he submits a request in writing to
do so. We note the Air Force OPR has determined the applicant
is entitled to the Republic of Vietnam Campaign Medal (RVCM) and
has corrected his records administratively. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting relief beyond that rendered administratively.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2008-04397 in Executive Session on 3 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 15 Jan 10,
w/exhibits.
Exhibit G. Letters, AFBCMR, dated 31 Mar 10 and 11 Jun 10,
w/atchs.
Exhibit H. DD Form 149, dated 30 Aug 13.
Exhibit I. Memorandum, AFPC/DPSID, dated 2 Jan 14.
Exhibit J. Letter, SAF/MRBR, dated 24 Jan 14.
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