RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01529
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be entitled to the Republic of Vietnam Service
Commemorative Medal.
2. He be entitled to the Vietnam Service Medal (VSM).
3. In response to the Air Force evaluation, the applicant
amended his request to include award of the Armed Forces
Expeditionary Medal (AFEM).
________________________________________________________________
APPLICANT CONTENDS THAT:
His service in Thailand and Laos entitle him to the
aforementioned decorations.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The AFEM is 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.
Service members must have been directly assigned or detailed to
a unit that participated in or engaged in direct support of the
specified operation for 30 consecutive or 60 non-consecutive
days provided the support entered the designated Area of
Eligibility. Service members who earned the AFEM for service in
Vietnam between 1 July 1958 and 3 July 1965 may elect to receive
the VSM instead of the AFEM. However, no service member may be
issued both medals for service in Vietnam.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that the VSM is
awarded to all service members of the Armed Services who between
4 Jul 1965 and 28 Mar 1973, served in the following areas of
Southeast Asia: 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 applicants
dates of service in Thailand from 8 Jul 1973 to 8 Jul 1974 are
after the award inclusive dates for award of the VSM; therefore,
rendering him ineligible for the VSM.
With regard to his request for entitlement to the Republic of
Vietnam Service Commemorative Medal; this award is primarily a
celebratory display medal rather than an official award or
decoration of the United States Air Force and Department of
Defense and is not awarded or issued by the United States
government. To grant the applicant relief would be contrary to
the eligibility criteria established by DoDM 1348.33, Manual of
Military Decorations and Awards.
After a thorough review of the applicant's official military
personnel record, DPSID was able to verify award of the Air
Force Outstanding Unit Award (AFOUA). Upon the final Board
decision, administrative correction of his official military
personnel record will be completed by AFPC/DPSOR.
The complete DPSID evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He was under the impression the AFEM was awarded to personnel
assigned in Southeast Asia and he was there.
The applicants complete response 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 regarding the
applicants request for entitlement to the VSM and the Republic
of Vietnam Service Commemorative Medal. We took notice of the
applicant's complete submission in judging the merits of the
case, to include his response to the Air Force advisory.
However, we agree with the opinion and recommendation of the Air
Force Office of Responsibility (OPR) and adopt its rationale as
the basis for our conclusion the applicant has not been the
victim of an error or injustice. Regarding the applicants
request for entitlement to the AFEM, he has not provided
sufficient evidence to show that he met the criteria for award
of the AFEM. Therefore, we conclude the applicant has failed to
sustain his burden of proof that he has been the victim of an
error or injustice. Additionally, we note the OPR will
administratively correct the applicants records to reflect his
entitlement to the AFOUA. Aside from the administrative
correction noted above, we find no basis to recommend 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 17 Dec 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2013-
01529 was considered:
Exhibit A. DD Form 149, dated 25 Mar 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 13 May 2013, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 31 May 2013.
Exhibit E. Letter, Applicant, undated.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
8
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
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