BOARD DATE:	  12 November 2013

		DOCKET NUMBER:  AR20130004350 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) or Vietnam Service Medal (VSM).  

2.  He states:

   a.  he should have been awarded the AFEM, but he didn't receive it.  The medal is not shown on his DD Form 214.  
   
   b.  he has been disqualified for employment in certain term and temporary positions within the Federal government.  He has been found ineligible for the Veterans' Recruitment Authority.  This correction will restore his full veteran's preference eligible status for federal employment.  

   c.  he was deployed to Japan in the Asian theater for military operations as a radio teletype operator.  He was on duty during Operation Frequent Wind on 29 and 30 April 1975.  On these dates, he was in direct radio frequency communications with personnel directly involved in the evacuation who earned the AFEM or Vietnam Service Medal.  Therefore, he believes he should have been awarded either the AFEM or the Vietnam Service Medal.  

3.  He provides his DD Form 214.



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 20 December 1973.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 05F (radio teletype operator).  He was assigned to the U.S. Army Communications Command, Signal Support Agency-North in Japan from 23 June 1974 to 11 December 1975.  

3.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show he was deployed to Vietnam in support of Operation Frequent Wind.  Item 9 (Awards, Decorations, and Campaigns) of this form does not list award of the AFEM.  

4.  On 1 December 1976, he was released from active duty after completing 2 years, 11 months, and 12 days of creditable active service.  His DD Form 214 does not show award of the AFEM.  

5.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Table 2-2 shows the AFEM is authorized for military operations for Vietnam-Operation Frequent Wind from 29 to 30 April 1975.  The regulation states service members who earned the AFEM for Operation Frequent Wind, between 29 and 30 April 1975, may elect to receive the Vietnam Service Medal instead of the AFEM.  No service member may be issued both medals for service in Vietnam.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designate area of eligibility.


6.  Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

7.  Army Regulation 600-8-22 defines "direct support" as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided in involves actually entering the designated area of eligibility.

8.  A search of www.Wikipedia.com website revealed Operation Frequent Wind was the final phase in the evacuation of American civilians and "at-risk" Vietnamese from Saigon, South Vietnam prior to the takeover of the city by the North Vietnamese Army.  Operation Frequent Wind was carried out 
29 to 30 April 1975 during the last days of the Vietnam War.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he has been disqualified for employment in certain term and temporary positions within the Federal government and he has been found ineligible for the Veterans' Recruitment Authority.  However, the ABCMR does not amend/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.   

2.  He also contends he was deployed to Japan in the Asian theater for military operations and was on duty during Operation Frequent Wind on 29 and 30 April 1975.  However, award of the AFEM requires participating forces actually entering the designated area of eligibility.  

3.  The evidence of record shows he was assigned to the U.S. Army Communications Command, Signal Support Agency-North in Japan from 23 June 1974 to 11 December 1975.  However, his service record is void of evidence which shows he entered in the area of eligibility.    

4.  The military awards regulation authorized award of the AFEM for military operations in Vietnam in support of Operation Frequent Wind from 29 to
30 April 1975 and award of the VSM for qualifying service in Vietnam.  

5.  Absent evidence showing his unit served in "direct support" Operation Frequent Wind in Vietnam, there is no basis for granting him award of the AFEM or the VSM.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  X _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20130004350





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ABCMR Record of Proceedings (cont)                                         AR20130004350



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