RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00456
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. He be entitled to the Korean Service Medal (KSM).
2. He be entitled to the Vietnam Service Medal (VSM).
APPLICANT CONTENDS THAT:
The aforementioned awards are now applicable for his period of
service.
The Board should find it in the interest of justice to consider
his untimely application because he was recently briefed at an
American Legion Meeting that he is eligible for the aforesaid
awards.
In support of his requests, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and an extract from a computer generated Uniform Military
Personnel Record.
The applicants complete submission, with attachments is at
Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 12 September
1957 to 31 July 1981.
According to the applicants Air Force Commendation Medal
Citation for the period 27 January 1971 to 26 February 1972, he
served in Korea.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The KSM is awarded to personnel
who were assigned or attached to combat or service units
designated by the Commander, Far East Air Forces, in general
orders for service within the Korean Theater or adjacent areas
between 27 June 1950 and 27 July 1954. The applicant's dates of
service in Korea from 12 September 1957 to 31 July 1981, render
him ineligible for award of the KSM.
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.
Service members who earned the Armed Forces Expeditionary Medal
(AFEM) for participation in Operation FREQUENT WIND (29 April
1975 to 30 April 1975) may convert their AFEM to the VSM.
However, no service member may be issued both medals for service
in Vietnam. Moreover, there is no documentation in the
applicant's limited personnel record to verify he was in the
area of eligibility for award of the VSM during the award
inclusive period. According the Report on Individual Personnel
provided by the applicant, he arrived in Thailand on 5 September
1973, which is after the award inclusive period for the VSM.
The applicant's DD Form 214 reflects award of the AFEM. Based
on the available documentation it appears the applicant received
the AFEM for his service in Korea from 27 January 1971 to
26 February 1972 as the Korean Defense Service Medal (KDSM) was
not established until 2004. As a one-time exception to policy
both the KDSM and AFEM are authorized for qualifying service in
Korea between 1 October 1966 and 30 June 1974.
The applicant contends he served in Thailand from September
1973 to September 1975. While DPSID can confirm the applicant
arrived in Thailand in September 1973, due to the limited
documentation available in the applicant's official military
record, they cannot verify when the applicant departed Thailand.
Furthermore, there is no official documentation verifying the
applicant deployed from Thailand to Vietnam in support of
Operation FREQUENT WIND between 29 April 1975 and 30 April 1975,
nor does the applicant claim to have, which further
substantiates the AFEM annotated on his DD Form 214 is more
likely than not for Korea and not Operation FREQUENT WIND.
Notwithstanding the above, the applicant is entitled to the
KDSM. Upon final Board decision, administrative correction of
his official military personnel record will be completed by
AFPC/DPSOR.
The complete DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 April 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 applicants 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 the
rationale expressed as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Should the applicant provide official documentation to
substantiate his eligibility for award of the KSM or the VSM, we
would be willing to reconsider his requests. Therefore, aside
from the administrative correction to add the KDSM to his
record, 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 20 November 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2014-
00456 was considered:
Exhibit A. DD Form 149, dated 28 January 2014, w/atchs.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 11 April 2014, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 25 April 2014.
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