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 applicants 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 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 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. Applicants 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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