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AF | BCMR | CY2013 | BC 2013 02062
Original file (BC 2013 02062.txt) Auto-classification: Denied
    RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02062
			COUNSEL:  NONE
     			HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, be corrected to reflect Vietnam service.  

2.  On 7 Jun 2013, the applicant submitted another DD Form    
149 amending his request to substitute the Vietnam Campaign 
Medal (VCM) for the Armed Forces Expeditionary Medal (AFEM).      

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Vietnam service was excluded from his DD Form 214.  As a 
result, the Department of Veterans Affairs (DVA) has him in the 
wrong classification.  The time he spent in Vietnam appears in 
Block 24e of his DD Form 214.  

The VCM should be substituted because the DVA does not recognize 
the AFEM as proof of Vietnam service.

In support of his request, the applicant provides copies of his 
DD Form 214, AF Form 626, Request and Authorization for 
Temporary Duty of Military Personnel; a special order and letter 
showing he was awarded the AFEM.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 7 Jul 1959, the applicant entered active duty. 

On 21 Jun 1963, the applicant was awarded the AFEM for 
participation in US operations in Vietnam.   

On 5 Jul 1963, he was honorably discharged.

He served 3 years, 11 months and 29 days on active duty.  

The Vietnam Service Medal (VSM) was awarded to members of the 
Armed Forces who between 4 Jul 1965 and 28 Mar 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 for 30 consecutive days or 60 non-
consecutive days.  

The VCM is awarded to members of the Armed Forces of the United 
States who between 1 Mar 1961 and 28 Mar 1973, served for       
6 months in South Vietnam during this period; served outside the 
geographical limits of South Vietnam and contributed direct 
combat support to the Republic of Vietnam Armed Forces for an 
aggregate of 6 months. 

The AFEM was established on 4 Dec 1961, to be awarded to members 
of the United States Armed Forces who, after 1 Jul 1958, have 
participated in a United States military operation and 
encountered foreign armed opposition, or were in danger of 
hostile action by foreign Armed Forces. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of award of the VCM. There is no 
official documentation in the applicant’s records showing he 
served 6 months in the area of eligibility for award of the VCM.  
To grant the applicant relief would be contrary to the 
eligibility criteria established by Department of Defense Manual 
1348.33, Manual of Military Decorations and Awards.  

The applicant was recognized for his Vietnam service with award 
of the AFEM for participation in the United States Operation of 
Assistance for friendly foreign nations (Vietnam) per 
Headquarters Pope Air Force Base (AFB), NC, and 464th Combat 
Support Group Special Order G-65, dated 21 Jun 1963.  However, 
the applicant’s DD Form 214 does not reflect award of the AFEM.

In Accordance With (IAW) Executive Order 11231, service members 
who earned the AFEM for Vietnam service between 1 Jul 1958 and   
3 Jul 1965 may elect to receive the VSM instead of the AFEM but 
may not receive both.  DPSID contacted the applicant on 7 Jun 
2013 and he elected to receive the VSM, with one Bronze Service 
Star, in lieu of the AFEM.

Upon final Board decision, DPSID will administratively correct 
the applicant’s records to show award of the National Defense 
Service Medal (NDSM), Republic of Vietnam Gallantry Cross, with 
Palm (RVNGC w/P), and the VSM, with One Bronze Service Star.   

The complete DPSID evaluation is at Exhibit B.

_________________________________________________________________



APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 Aug 2013 for review and comment within 30 days.  
As of this date, this office has not received a response 
(Exhibit C).

_________________________________________________________________

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 to warrant award 
of the VCM.  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 (OPR) and adopt its rationale as the 
basis for our conclusion the applicant has not been the victim 
of an error or injustice.  While the applicant requests that his 
DD Form 214, Block 32, Remarks, be amended to reflect “Vietnam-
Yes,” this block is only checked “Yes” for personnel permanently 
assigned in Vietnam, not in a TDY status.  Regarding the 
applicant’s request to change his record to reflect his service 
in Vietnam, Special Order G-65, dated 21 Jun 63, for 
participation in the U.S. Operation of Assistance for Friendly 
Foreign Nations (Vietnam) and his DD Form 215, Correction to DD 
Form 214, reflecting award of the VSM may be used in combination 
as evidence of boots-on-the-ground in Vietnam.  Therefore, other 
than the administrative corrections awarding the NDSM, RVNGC 
w/P, and VSM with one Bronze Service Star, we find no basis to 
recommend granting the VCM.    

________________________________________________________________

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-2013-02062 in Executive Session on 4 Mar and 5 Mar 
2014, under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documents were considered:    

     Exhibit A.  DD Forms 149, dated 25 Apr 2013 and 7 Jun 2013, 
	     w/atchs.
     Exhibit B.  Letter, AFPC/DPSID, dated 1 Jul 2013.
     Exhibit C.  Letter, SAF/MRBR, dated 5 Aug 2013.  




                                    
                                   Panel Chair 



 

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