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AF | BCMR | CY2014 | BC 2014 00561
Original file (BC 2014 00561.txt) Auto-classification: Denied
         RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-00561
	XXXXXXXXXX	COUNSEL: NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

1.  He be entitled to the Armed Forces Expeditionary Medal (AFEM).

2.  He be entitled to the Vietnam Campaign Medal (VCM). (Will be 
administratively corrected)


APPLICANT CONTENDS THAT:

He served in Da Nang and Dong Ha Vietnam from March 1968 through 
March 1969.  He earned the Vietnam Service Medal (VSM), the AFEM 
and the VCM; however, his DD Form 214, Armed Forces of the United 
States Report of Transfer or Discharge, only reflects the VSM.  He 
is requesting the aforementioned awards so he can obtain health 
benefits from the Department of Veterans Affairs (DVA).

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

In support of his request, the applicant provides copies of his DD 
Forms 214, AF Form 100, Request and Authorization for Separation; 
AF Forms 899, Request and Authorization for Permanent Change of 
Station - Military; AF Forms 1098, Personnel Action Request and 
DVA Health Eligibility Center Alert webpage.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 6 June 
1966 through 3 April 1970.

His AF Form 7, Airman Military Record, reflects he was assigned in 
Vietnam from 22 March 1968 to 18 March 1969.


THE AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for the 
AFEM.  The applicant does not meet the eligibility requirements 
for the aforementioned award.  The AFEM may be awarded to members 
of the United States Armed Forces who after 1 July 1958; 
participate, or have participated, as members of United States 
Military units in a United States Military operation in which 
service members of any Military Department participate, in the 
opinion of the Joint Chiefs of Staff, in significant numbers; 
encounter, incident to such participation, foreign armed 
opposition, or are otherwise placed, or have been placed, in such 
position that, in the opinion of the Joint Chiefs of Staff, 
hostile action by foreign armed forces was imminent even though it 
did not materialize.  Service members must have been permanently 
assigned, attached, or detailed to a unit that participated or 
engaged in direct support of the operation for 30 consecutive days 
in a designated area of eligibility in a foreign territory (or for 
the full period when an operation is less than 30 days duration) 
or for 60 non-consecutive days provided the support involved 
entering the area of eligibility or met the following criteria: 
was engaged in actual combat, or duty that was equally as 
hazardous as combat duty, during the operation with armed 
opposition, regardless of time in the area of eligibility, or was 
wounded or injured and required medical evacuation from the area 
of eligibility while participating in the operation, regardless of 
time in the area of eligibility.  However, no service member may 
be issued both medals for service in Vietnam. To grant relief 
would be contrary to the eligibility criteria established by DoD 
Manual 1348.33, Manual of Military Decorations and Awards, the 
Secretary of the Air Force, Chief of Staff, and/or the War 
Department.

Notwithstanding the above, DPSID was able to verify the 
applicant's entitlement to the Air Force Outstanding Unit Award 
with Valor and with one Bronze Oak Leaf Cluster, the VSM with one 
Silver Service Star, the Republic of Vietnam Gallantry Cross with 
Palm, and the VCM.  Upon the final Board decision, administrative 
correction of the applicant's official military personnel record 
will be completed by AFPC/DPSOR.

The complete DPSID evaluation, with attachment, is at Exhibit C.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 8 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 the 
rationale expressed as the basis for our conclusion that relief 
beyond that already granted administratively is not warranted.  
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 15 January 2015, under the provisions of AFI 
36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence pertaining to AFBCMR BC-2014-
00561 was considered:

     Exhibit A.  DD Form 149, dated 4 February 2014, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 11 April 2014, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 8 May 2014.





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