RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-03065
		
 			COUNSEL:  NONE

			HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His record be corrected to reflect he was awarded the Vietnam 
Service Medal (VSM), Armed Forces Expeditionary Medal (AFEM) and 
the Humanitarian Service Medal (HSM).

On rebuttal, the applicant requests his records be corrected to 
reflect he served in South Vietnam.


APPLICANT CONTENDS THAT:

He has submitted lawful orders that provide proof that he served 
in a capacity that satisfies the requirements for the requested 
medals.  Previous attempts to correct his records have failed 
because the Air Force Personnel Center (AFPC) indicates they do 
not have documentation (travel vouchers) to validate his claims 
that he qualifies for the recognition.  Despite the absence of 
travel vouchers, he has maintained copies of the travel orders.  
He should not be denied because those responsible for maintaining 
the records failed to accomplish that task.  He feels the orders 
he submitted are reasonable for this application.  He is grateful 
for the Boards review of this application.

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


STATEMENT OF FACTS:

The applicant is a former member of the Air Force who served from 
18 June 1971 through 27 July 1979.

The remaining relevant facts pertaining to this application are 
described in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are included at Exhibits C 
and D.

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  A review of the applicant’s master 
personnel records and submitted documentation failed to 
substantiate Foreign Service time in Vietnam.

The complete AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSID recommends denial. The Armed Forces Expeditionary 
Medal is awarded to members of the United States Armed Forces 
who, after 1 July 1958, participated in United States military 
operations, United States operations in direct support of the 
United Nations, or United States operations of assistance for 
friendly foreign nations.  The Armed Forces Expeditionary Medal 
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 in, 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.

The Armed Forces Expeditionary Medal was awarded for 
participation in Operation FREQUENT WIND with the inclusive 
period from 29 April 1975 to 30 April 1975.  In accordance with 
Section 542, Public Law 107-314, the Armed Forces Expeditionary 
Medal for participation in Operation FREQUENT WIND may be 
exchanged for the Vietnam Service Medal.  However, a service 
member may not receive both awards for the same period of 
service

The Humanitarian Service Medal may be awarded to members of the 
Armed Forces of the United States and their Reserve components 
who, subsequent to 1 April 1975, distinguished themselves as 
individuals or as members of United States military units or 
ships by meritorious, direct participation in a significant 
military act, or operation of a humanitarian nature.  Direct 
participation is defined as being physically present at the 
designated location, having directly contributed to and 
influenced the action.  Designated location is the immediate 
site(s) of the humanitarian operations as defined by the 
Presidential request for assistance in the United States or the 
Department of State for overseas areas.  When appropriate, the 
local commander in his or her recommendation may propose 
specific clarification of designated boundaries based on the 
intent of the Presidential or Department of State request.  
Specifically excluded from eligibility are service members or 
elements remaining at geographically separated locations or who 
were assigned to the location but did not make a direct 
contribution to nor influenced the action.  Award of the 
Humanitarian Service Medal does not prevent or conflict with 
other medals or ribbons awarded on the basis of unit 
achievement, or of individual valor, achievement, or meritorious 
service.  No service member shall be entitled to more than one 
award of the Humanitarian Service Medal for participation in the 
same military act or operation of a humanitarian nature.  

The Humanitarian Service Medal was awarded for qualifying 
participation in Vietnam in direct support of Operation BABY 
LIFT from 4 April 1975 to 9 May 1975.

The Vietnam Service Medal was awarded to all 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 also were eligible for the Vietnam Service Medal.  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.

After a thorough review of the applicant's official military 
personnel record, DPSID was unable to verify the applicant was 
awarded the Vietnam Service Medal, Armed Forces Expeditionary 
Medal or the Humanitarian Service Medal.

The Air Force Personnel Center, Directorate of Assignments 
memorandum dated 3 December 2014, states the applicant's official 
military personnel record failed to provide any documentation 
that substantiates Foreign Service in Vietnam.

The applicant previously requested to be awarded the Vietnam 
Service Medal, Armed Forces Expeditionary Medal and the 
Humanitarian Service Medal and the memorandum of response, dated 
24 June 2014, "We were unable to verify award of the Vietnam 
Service Medal.  There was no official documentation, such as paid 
travel vouchers, in your record to verify you were in the area 
of eligibility for award of the Vietnam Service Medal.  In 
addition, although you provided documentation to support your 
foreign service in Vietnam, the documentation provided is not an 
official source documentation we can use to verify your Foreign 
Service.  While we were able to locate Request and Authorization 
for Temporary Duty Military (Form 626) with orders to proceed to 
Ton Son Nhut Air Base, Vietnam, on or about 18 April 1975, we 
were unable to locate a paid travel voucher verifying Form 626 
travel orders were carried out.”  Unfortunately, the applicant 
did not provide the requested documentation with this request.

DPSID was unable to locate official documentation showing the 
applicant was in the country of Vietnam in direct support of 
Operation FREQUENT WIND between 29 April 1975 and 30 April 1975 
in order to receive the Armed Forces Expeditionary Medal or to 
exchange said Armed Forces Expeditionary Medal for award of the 
Vietnam Service Medal.  There were also unable to locate official 
documentation showing the applicant was in the area of 
eligibility, Vietnam, in direct support of Operation BABY LIFT 
between 4 April 1975 and 9 May 1975 for award of the 
Humanitarian Service Medal.

The complete AFPC/DPSID evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he has provided copies of the order sending 
him to Ton Son Nhut Air Base, Vietnam dated 18 April 1975.  Had he 
failed to carry out those orders, there would have been UCMJ 
action in his records?  The advisory opinion also states there are 
no paid travel vouchers within his file.  Is that his 
responsibility after forty years?  He has provided documentation 
to support his claim.  He is proud of his service and does not 
feel he should be penalized because the Air Force failed to 
maintain records

The applicant’s complete response is at Exhibit E.


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.  After a 
thorough review of the applicant's complete submission, to include 
his response to the Air Force advisories and the available 
records, we find no evidence the applicant is entitled to the 
relief he seeks.  We note the applicant provided travel orders; 
however, those orders fail to provide substantive proof of the 
applicant’s travel.  The applicant has not provided any official 
documentary evidence, i.e. paid travel vouchers or corroborating 
witness statements to substantiate his claim.  In the absence of 
such evidence we find no compelling basis to recommend granting 
the application.  Therefore, we agree with the opinion and 
recommendation of AFPC/DPSID and adopt its rationale as the basis 
for our conclusion that the applicant has not provided sufficient 
evidence to support his request.  While the applicant contends the 
service records should be available, the burden of proof is his.  
In view of the above, we find no basis to favorably consider this 
request. 


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-2014-03065 in Executive Session on 30 April 2015 under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Record Excerpts.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 3 Dec 14.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 2 Feb 15.
	Exhibit E.  Letter, SAF/MRBR, dated 30 Mar 15.
	Exhibit F.  Letter, Applicant’s Response, dated 4 Apr 15.