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AF | BCMR | CY2014 | BC 2014 00456
Original file (BC 2014 00456.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 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 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.  Applicant’s 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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