RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01735
		INDEX CODE:  107.00

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  7 DEC 2008

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APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to reflect credit for service in Vietnam and that he be awarded the Humanitarian Service Medal (HSM), the Air Force Outstanding Unit Award (AFOUA), the Armed Forces Expeditionary Medal (AFEM), or if eligible, the Vietnam Service Medal (VSM) rather than the AFEM, and any other medals that may have been omitted. 

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APPLICANT CONTENDS THAT:

His Vietnam service for Operation FREQUENT WIND (OFW) was omitted because it was most likely overlooked when his DD Form 214 was prepared.  

His sons are applying for college scholarships and he needs to have his DD Form 214 reflect his service in the Republic of Vietnam (RVN).  The impact of these scholarships would make the difference between their attendance or not.

In support of his appeal, applicant submitted a DD Form 214, dated 15 Jul 75; copies of a Temporary Duty (TDY) order, dated 22 Apr 75, reflecting a tour from Hawaii to the Philippines, and copies of travel vouchers; letters for award of the HSM, and other pertinent documents related to his appeal.

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

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STATEMENT OF FACTS:

During the period under review, applicant served on active duty from 31 Aug 71 to 15 Jul 75.  He was promoted to the rank of sergeant with a date of rank of 1 Sep 73.  Applicant served in Air Force Specialty Code 81250 as a law enforcement specialist.

On 15 Jul 75, he was honorably released from active duty and transferred to the Air Force Reserve.  During this period, he was credited with 3 years, 10 months, and 15 days of active duty service, (including 3 years, 6 months, and 22 days of foreign service.  

Applicant was awarded the National Defense Service Medal (NDSM), Small Arms Expert Marksmanship Ribbon (SAEMR), and the Air Force Good Conduct Medal (AFGCM).

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial for award of the AFEM and the HSM for service during Operation FREQUENT WIND.  They found no evidence the applicant was in the approved area of operation for the inclusive periods for award of the AFEM or the HSM.

The AFEM is awarded to members of the United States Armed Forces who, after 1 Jul 58, have participated in a United States military operation and encountered foreign armed opposition, or were in danger of hostile action by foreign Armed Forces.  

The inclusive period for award of the AFEM in support of OFW is   29-30 Apr 75, for the area of Saigon, South Vietnam.

IAW DOD1348.33-M, para 6-7, to be entitled to the AFEM, members must be in direct support of an approved operation for 30 consecutive days (or for the full period when an operation is less than 30 days duration) or 60 days nonconsecutive days in the AOR provided the support involved entering the AOR.

The inclusive period of the HSM for OFW is 29-30 Apr 75 for the area of Vietnam.  Applicant’s record reflects he was in the area on 28 Apr 75.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Jul 07 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 found no evidence the applicant was entitled to award of the Armed Forces Expeditionary Medal or the Humanitarian Service Medal during Operation FREQUENT WIND.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Hence, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  Applicant’s DD Form 214 will be corrected administratively to reflect award of the AFOUA (while assigned to the 15th SPS) and the HSM (in support of Operation BABY LIFT (OBL) during his TDY to Saigon on 27-28 Apr 75.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01735 in Executive Session on 15 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 May 07, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 22 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.