RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04259
	XXXXXXXXXX	COUNSEL: NONE
			HEARING DESIRED:  YES


APPLICANT REQUESTS THAT:

1.  He be entitled to the Vietnam Campaign Medal (VCM).

2.  He be entitled to the Vietnam Service Medal (VSM).

3.  He be entitled to the Armed Forces Expeditionary Medal 
(AFEM).


APPLICANT CONTENDS THAT:

He was a crewmember on the aircraft that flew the media to 
Vietnam during the release of the Prisoners of War (POWs).  His 
C-130 was featured when the documentary film “Anytime, 
Anyplace,” narrated by John Wayne was filmed.  

The Board should find it in the interest of justice to consider 
his untimely application because he served his country with 
honor and for the last 20 years he has been trying to correct 
his records to reflect the aforementioned awards.

In support of his requests, the applicant provides copies of a 
letter from his member of congress, his DD Form 214, Report of 
Separation from Active Duty and AF Form 77a, Supplemental Sheet 
to AF Forms 77, 707, 909, 910, 911 and 475.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 20 March 
1969 through 31 March 1989.

The applicant’s Airman Performance Report (APR) for the period 
5 May 1972 thru 4 May 1973, reflects that he performed Temporary 
Duty (TDY) in the Republic of Vietnam.  Specifically it states 
the applicant’s “aircraft completed 92% of its scheduled 
missions without deviations and played an important role of 
shuttling North Vietnam prisoners during exchange of POWs and 
International Peace Commission Personal throughout Vietnam.”


According to the applicant’s APR for the period 21 March 
1969 thru 15 March 1970, he was assigned to the 37th Tactical 
Airlift Squadron at Langley AFB, VA.

In a letter to the applicant dated 26 March 2012, AFPC/DPAPP 
advised him that they were able to confirm boots on ground 
Foreign Service time at Ching Chuan Kang (CCK) Air Base, Taiwan 
from 30 June 1970 to 15 July 1971 and Clark Air Base, Republic 
of the Philippines, from 27 August 1973 to 8 November 1975.  
Furthermore, while assigned to Langley Air Force Base, VA, as 
indicated in his APR, he was TDY to the Republic of Vietnam, 
however, DPAPP is unable to determine the exact location or the 
exact amount of time of this duty.  DPAPP advised the applicant 
that the amount of Foreign Service time reflected on his DD Form 
214, is correct.  Since specific locations are not annotated on 
a member's DD Form 214, the applicant was advised to use the 
26 March 2012 letter as proof of “boots on ground” for Taiwan, 
the Republic of the Philippines and the Republic of Vietnam.

The applicant’s Letter of Evaluation (LOE) for the period 
2 December 1972 thru 28 February 1973 reflects he was assigned 
as a primary crew chief on aircraft (63-7871).

The VCM is awarded to members of the United States Armed Forces 
who, between 1 March 1961 and 28 March 1973 served for 6 months 
in South Vietnam, or, 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.  
Only members of the United States Armed Forces who meet the 
criteria established for the AFEM or the VSM during the period 
of service required are considered to have contributed direct 
combat support to the Republic of Vietnam Armed Forces; or, did 
not complete the length of service required, but who, during 
wartime, were:  wounded by the enemy (in a military action), 
captured by the enemy during action or in the line of duty, but 
later rescued or released, killed in action or in the line of 
duty; or were assigned in Vietnam on 28 January 1973, and served 
in Vietnam for the entire period between 29 January 1973 to 
28 March 1973.

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 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.  To be eligible, a Service member must:

     Be permanently assigned, attached, or detailed for one, or 
more, days with an organization participating in or directly 
supporting ground (military) operations.

     Be permanently assigned, attached, or detailed for one, or 
more, days aboard a naval vessel directly supporting military 
operations.

     Have actually participated as a crew member in one or more 
aerial flights directly supporting military operations.

     Have served on TDY for 30 consecutive days or 60 non-
consecutive days.  Those time limitations may be waived for 
personnel participating in actual combat operations.

The AFEM may be awarded to members of the United States Armed 
Forces who after 1 July 1958:  Participate, or have 
participated, as members of United States Military units in a 
United States Military operation in which service members of any 
Military Department participate, in the opinion of the Joint 
Chiefs of Staff, in significant numbers; encounter, incident to 
such participation, foreign armed opposition, or are otherwise 
placed, or have been placed, in such position that, in the 
opinion of the Joint Chiefs of Staff, hostile action by foreign 
armed forces was imminent even though it did not materialize.  
Service members must have been permanently assigned, attached, 
or detailed to a unit that participated or engaged in direct 
support of the operation for 30 consecutive days in a designated 
area of eligibility in a foreign territory (or for the full 
period when an operation is less than 30 days duration) or for 
60 non-consecutive days provided the support involved entering 
the area of eligibility or met the following criteria:  Was 
engaged in actual combat, or duty that was equally as hazardous 
as combat duty, during the operation with armed opposition, 
regardless of time in the area of eligibility, or was wounded or 
injured and required medical evacuation from the area of 
eligibility while participating in the operation, regardless of 
time in the area of eligibility.

On 23 January 2015, DPSID administratively corrected the 
applicant’s record to reflect award of the Republic of Vietnam 
Gallantry Cross with Palm.


THE AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID is unable to determine the 
dates and locations for the applicant's TDY to Vietnam; 
therefore, the applicant is ineligible for award of the AFEM, 
VSM, or the VCM during the award inclusive periods.

The AFEM was awarded for participation in Operation FREQUENT 
WIND, during the fall of Saigon, with the inclusive period from 
29 Apr 1975 to 30 Apr 1975.  However, DPSID is unable to locate 
official documentation showing the applicant was in the country 
of Vietnam during Operation FREQUENT WIND.  Moreover, they are 
unable to locate documentation showing the applicant 
participated in Operation HOMECOMING, the return of the POWs 
from North Vietnam during February and March 1973.  
Additionally, they were unable to determine any awards given for 
participation in Operation HOMECOMING.  To grant relief would be 
contrary to the eligibility criteria established by DoD Manual 
1348.33, Manual of Military Decorations and Awards, the 
Secretary of the Air Force, Chief of Staff, and/or the War 
Department.

The complete DPSID evaluation is at Exhibit C.


APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION:

The applicant’s spouse provided a letter from a former pilot who 
served with the applicant and states that on 18 February 1973, 
while assigned to an air base in Taiwan, the applicant served as 
crew chief on the mission that assisted in the rescue of POWs 
being held in Vietnam (C-130 Tail #871).  The pilot included a 
copy of his individual flight record, dated 2 March 1973, which 
documents the missions during the period 31 January 1973 to 
19 February 1973.

The complete response, with attachments, is at Exhibit E.


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 
awarding the applicant the VCM or the AFEM.  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 
the rationale expressed as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  
Therefore we find no basis to recommend granting any of the 
relief sought in this portion of his application.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice to warrant award of the VSM.  Although the Air Force 
OPR was unable to verify the amount of time the applicant served 
in Vietnam, based on a preponderance of the evidence we believe 
corrective action is warranted.  In this respect, we note that 
the applicant’s APR closing 4 May 1973, reflects that his 
aircraft played an important role of shuttling North Vietnam 
prisoners during exchange of POWs and International Peace 
Commission Personal throughout Vietnam.  The applicant has also 
provided a witness statement from a retired lieutenant colonel 
stating the applicant served as a crew chief on rescue missions 
of POWs being held in Vietnam.  Moreover, his LOE rendered for 
the period 2 December 1972 to 28 February 1973, reflects he was 
assigned as a primary crew chief on aircraft 63-7871 which 
corresponds with the tail number reflected in the flight record 
provided by the pilot.  In view of the foregoing, we find the 
evidence presented sufficient to conclude the applicant meets 
the criteria for award of the VSM.  Accordingly, we recommend 
his records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.


THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that he was 
awarded the Vietnam Service Medal.


The following members of the Board considered this application 
in Executive Session on 19 August 2014 and 10 September 2014, 
under the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

All members voted to correct the record as recommended.  The 
following documentary evidence pertaining to AFBCMR BC-2013-
04259 was considered:

      Exhibit A.  DD Form 149, dated 28 August 2013, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPSID, dated 2 January 2014.
      Exhibit D.  Letter, SAF/MRBR, dated 14 March 2014.
      Exhibit E.  Letter, Applicant, dated 26 July 2014, w/atchs.