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AF | BCMR | CY2014 | BC 2014 00153
Original file (BC 2014 00153.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00153

	 	COUNSEL:  NONE INDICATED

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His records corrected to reflect he was awarded the Vietnam Service Medal (VSM) instead of the Armed Forces Expeditionary Medal (AFEM) (administratively corrected).  

His DD Form 214 be corrected to reflect he was authorized and awarded the following:

	a.  Good Conduct Medal (GCM) 

	b.  Small Arms Expert Marksmanship Ribbon (SAEMR)
         (administratively corrected)..  

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect all his eligible and authorized unit awards.  


APPLICANT CONTENDS THAT:

He recently was made aware by other veterans that he could be authorized the VSM instead of the AFEM, with the understanding that he could not be awarded both.  Also, he did not realize his DD Form 214 did not accurately reflect or credit him with the GCM or SAEMR.  He would like to have these corrections made in order to leave something for his children and grandchildren regarding his military service.  

The applicant’s complete submission, with attachment, is at Exhibit A.


STATEMENT OF FACTS:

The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 1 Aug 1961.  

On 7 Jun 1965, he was honorably released from active duty for the convenience of the government.  He was credited with 3 years, 10 months, and 7 days.  
On 11 Apr 2014, AFPC/DPSID was able to verify the applicant’s entitlement to the following Air Force Medals and/or Ribbons and will correct his records administratively:  

		a.  Air Force Outstanding Unit Award (AFOUA).

		b.  Air Force Good Conduct Medal (AFGCM).  

		c.  National Defense Service Medal (NDSM).  

		d.  Vietnam Service Medal with two Bronze Service Stars       
          (VSM w/2BSS).  

		e.  Small Arms Expert Marksmanship Ribbon (SAEMR).

		f.  Republic of Vietnam Gallantry Cross with Palm
		     (RVNGC w/P).  

		g.  Vietnam Campaign Medal (VCM).  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for award of the GCM.  The GCM is awarded to enlisted members who have honorably completed three continuous years of active military service subsequent to 26 Aug 1940, and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity.  Also, the GCM was only awarded to Airmen prior to the establishment of the AFGCM on 1 Jun 1963.  In this case, the applicant’s active duty service was from 1 Aug 1961 to 7 June 1965; rendering his eligible for award under the criteria established for the AFGCM and not the GCM.  In accordance with Executive Order (EO) 8809, amended by EO 9323, the AFGCM may also be awarded to service members who complete more than one year but less than three years of active federal military service if the GCM has not been previously awarded.  

After a thorough review of the applicant’s official military personnel record, verification was made for award of the SAEMR and VSM in lieu of the AFEM.  The applicant provided a Certificate of Achievement dated 9 Jan 1965 verifying he qualified as an expert with the M-16 rifle; rendering him eligible for award of the SAEMR.  The applicant’s dates of service in Vietnam were between 2 Jun 1964 and 2 Jun 1965.  In accordance with EO 11231, service members who earned the AFEM for service in Vietnam between 1 Jul 1958 and 4 Jul 1965, are allowed to exchange their AFEM for the VSM.  However, no service member may be issued both medals for service in Vietnam.  Since the applicant elected the VSM w/2BSS in lieu of the AFEM, the AFEM will be removed from his DD Form 214.  Furthermore, an analysis of his records revealed that he should have been awarded the AFOUA, AFGCM, NDSM, RVNGC w/P, and VCM, as such; his records will be administratively corrected.  

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 15 Sep 14 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 an error or injustice with respect to the applicant’s request to be awarded the GCM.  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.  As for his request to be awarded the VSM instead of the AFEM, we note that AFPC/DPSID verified the applicant did elect the VSM w/2BSS in lieu of the AFEM; therefore AFPC/DPSID will adjust his record to reflect the VSM w/2BSS.  Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting additional 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-2014-00153 in Executive Session on 4 Dec 14 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Dec 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 11 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 14.

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