RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03179
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Vietnam Service Medal (VSM) in lieu of the Armed
Forces Expedition Medal (AFEM).
APPLICANT CONTENDS THAT:
He was stationed in Okinawa, Japan and deployed to Vietnam and
would like to exchange his AFEM for the VSM.
The Board should consider his untimely application in the interest
of justice because the VSM is required to apply for Veterans
Affairs Agent Orange benefits.
In support of his request, the applicant provides a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge and excerpts from Wikipedia.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 14 Aug 61, the applicant enlisted in the Regular Air Force. He
served 3 years, 10 months and 5 days of total active service and
is credited with 1 year, 6 months and 4 days of Foreign Service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. Once the VSM was established,
provisions were provided to authorize service members who received
the AFEM for service in Vietnam to exchange the award for the VSM.
However, there is no official documentation verifying the
applicant met the criteria for award of the AFEM for service in
Vietnam to qualify to exchange it for the VSM. There is no
documentation in the applicants official military record to
verify he was permanently assigned, attached, or detailed for one,
or more days with an organization participating in or directly
supporting ground (military) operations within the area of
eligibility, permanently assigned, attached, or detailed for one
or more, days aboard a naval vessel directly supporting military
operations within the area of eligibility, participated as a crew
member in one or more aerial flights directly supporting military
operations within the area of eligibility or served on temporary
duty for 30 consecutive days or 60 non-consecutive days within the
area of eligibility; therefore, rendering the applicant ineligible
for award of the VSM. To grant relief would be contrary to the
criteria established by DoDM 1348.33, volume 2, Manual of Military
Decorations and Awards: DoD Service Awards Campaign,
Expeditionary, and Service Medals the Secretary of the Air Force,
Chief of Staff, and/or the War Department.
The VSM was awarded to all members of the United States Armed
Forces who served in Vietnam or contiguous waters or airspace
after 3 Jul 65, and before 28 Mar 73. 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 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.
Executive Order 11231 allows service members who earned the AFEM
for service in Vietnam between 1 Jul 58 and 4 Jul 56, to exchange
their AFEM for the VSM. However, no Service member may be issued
both medals for service in Vietnam.
The applicant was assigned to Okinawa Air Base, Japan between
17 Dec 63 and 18 Jun 65; however, Okinawa is not in the area of
eligibility for award of the VSM.
The National Defense Service Medal should have been awarded during
the applicants service from 14 Aug 61 to 18 Jun 65, and was not
reflected in his records. Upon final determination by the Board,
DPSOR will administratively correct the applicants records.
The complete DPSID evaluation, with attachment, is at Exhibit C.
?
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 30 Apr 15, for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
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. 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 requested relief.
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-2014-03179 in Executive Session on 9 Jun 15, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 14 Oct 14, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 30 Apr 15.
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