RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04962
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be entitled to the Vietnam Service Medal (VSM).
APPLICANT CONTENDS THAT:
He was a crew chief on F-4D fighter/bombers while he was
assigned to the 13th Tactical Fighter Squadron, Udorn, Thailand
from November 1974 to November 1975 in support of Operation
FREQUENT WIND. He flew multiple sorties during the Saigon
evacuation.
He should have paid better attention to his DD Form 214, Report
of Separation from Active Duty, and caught the error. He is now
aware that his participation in Operation FREQUENT WIND
qualifies him for the VSM.
In support of his request the applicant provides a copy of his
DD Form 214.
His complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 14 August
1972 to 7 May 1976. His DD Form 214 reflects one year and seven
days of Foreign Service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The VSM was awarded to members of
the United States Armed Forces who served in Vietnam or
contiguous waters or airspace after 3 July 1965, and before
28 March 1973. In addition, personnel serving in Thailand,
Laos, or Cambodia in direct support of operations in Vietnam
during the same time period were also eligible for the VSM. 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; 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 temporary duty for
30 consecutive days or 60 non-consecutive days. Those time
limitations may be waived for personnel participating in actual
combat operations.
The Armed Forces Expeditionary Medal (AFEM) was awarded for
participation in Operation FREQUENT WIND, during the fall of
Saigon, with the inclusive period from 29 April 1975 to 30 April
1975. In accordance with Public Law 107-314, § 542, the AFEM,
for participation in Operation FREQUENT WIND, may be exchanged
for the Vietnam Service Medal.
The applicant was assigned to the 432nd Organizational
Maintenance Squadron, Udorn Royal Thai Air Force Base, Thailand,
from 7 November 1974 to 15 November 1975, which is after the
eligibility periods for the VSM. Moreover, DPSID is unable to
verify he served in the area of eligibility in support of
Operation FREQUENT WIND. Therefore, the applicant is ineligible
for award of the AFEM, or the VSM. To grant relief would be
contrary to the eligibility criteria established by DoD Manual
1348.33, Manual of Military Decorations and Awards.
The complete DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 May 2014, a copy of the Air Force evaluation was forwarded
to the applicant 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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
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 this application
in Executive Session on 28 August 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2013-
04962 was considered:
Exhibit A. DD Form 149, dated 28 September 2013, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 28 February 2014.
Exhibit D. Letter, SAF/MRBR, dated 20 May 2014.
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