RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02637 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be entitled to the Air Medal (AM). 2. He be entitled to the Presidential Unit Citation (PUC). (Administratively Corrected) 3. He be entitled to the Air Force Combat Action Medal (AFCAM). (Ineligible per AFPC/DPSIDRA letter, dated 28 Dec 2011) 4. He be entitled to the Combat Readiness Medal (CRM). 5. He be entitled to the Armed Forces Expeditionary Medal (AFEM). 6. He be entitled to the Air Force Expeditionary Service Award (AFESR). (Ineligible per AFPC/DPSIDRA letter, dated 28 Dec 2011) 7. He be entitled to the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P. (Administratively Corrected) 8. He be entitled to the North Atlantic Treaty Organization (NATO) Medal. (Ineligible per AFPC/DPSIDRA letter, dated 28 Dec 2011) ________________________________________________________________ APPLICANT CONTENDS THAT: He was assigned to the 483rd Tactical Airlift Wing, 20th Special Operations Squadron (AFSOC) "Green Hornets,” Cam Ranh Bay, AB, Vietnam, from 22 Sep 1970 through 16 Apr 1976. He was a crew member on the UH-1 Helicopter and was trained in special combat operations. In support of his request the applicant provides a copy of his DD Form 214, Report of Separation from Active Duty, numerous Air Force Historical Research Agency Fact Sheets, and various documents in support of his application. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on Active Duty from 22 Sep 1970 to 16 Apr 1974, and is credited with 3 months and 12 days of Foreign Service. According to the Directorate of Assignments memorandum dated 13 Dec 2011, DPAPP verified the applicant's entire Foreign Service was spent in Vietnam from 26 Feb 1972 to 21 Apr 1972. In a letter to the applicant dated 28 Dec 2011, AFPC/DPSIDRA advised the applicant he was not eligible for the AFCAM, AFESR, and NATO Medal. The AM is awarded to any person who, while serving in any capacity with the Armed Forces of the United States, subsequent to 8 Sep 1939, distinguishes himself or herself by heroic or meritorious achievement while participating in an aerial flight. Under the Fiscal Year 1996 National Defense Authorization Act (NDAA), Section 526, which was enacted into law on 10 Feb 1996, the original or reconstructed written award recommendation, is required for the recommended individual. The recommendation must be made by someone, other than the member himself, preferably the commander or supervisor at the time of the act of achievement, with firsthand knowledge of the member's accomplishments. If someone has firsthand knowledge of the applicant's accomplishments and achievements, he may act as the recommending official. The recommendation must include the name of the decoration (i.e., AM), reason for recognition (heroism, achievement, or meritorious service), inclusive dates of the act, and a narrative description of the act. The recommending official must sign the recommendation. Moreover, a proposed citation is required and any chain of command endorsements are encouraged. Any statements from fellow comrades, eyewitness statements attesting to the act, sworn affidavits, and other documentation substantiating the recommendation should be included with the package. The request must also be submitted through a congressional member who can ask a military service to review a proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred. In accordance with the 1996 NDAA Rules, the applicant has not provided a signed recommendation made by someone within his chain of command who possesses firsthand knowledge, eyewitness statements, chain of command endorsements, or a proposed citation. On 15 Mar 2007, the Secretary of the Air Force approved establishment of the AFCAM to recognize any military member of the Air Force (Airman Basic through Colonel) who actively participated in combat (ground to air). The principal eligibility criterion is that the individual must have been under direct and hostile fire while operating in unsecured space (outside the defended perimeter), or physically engaging hostile forces with direct and lethal fire. The AFCAM may be awarded for qualifying service from 11 Sep 2001 to a date to be determined. Retroactive awards prior to 11 Sep 2001 are not authorized. The CRM is awarded to U.S. Air Force, U.S. Air Force Reserve Service members, and Service members of other Services after 1 Aug 1960, for sustained individual combat or mission readiness or preparedness for direct weapon-system employment. Specifically, a Service member must meet all the following criteria: Member of a unit subject to combat readiness reporting. Individually certified as combat and/or mission ready and been subjected to a continuous individual positional evaluation program, according to a major command or higher headquarters standards. Complete 24 months of sustained combat and/or mission readiness with no more than a 120 calendar-day break. No official documentation was provided by the applicant or located within his official military record verifying he served in a combat ready position for 24 months and was awarded or recommended for the CRM by his assigned base. The applicant's assigned base/MAJCOM is responsible for verification of assigned members who are considered combat ready. The AFEM may be awarded to members of the Armed Forces of the United States who after 1 Jul 1958 participate, or have participated as members of the U.S. military units in a U.S. military operation in which Service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. Encounter during 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. Be engaged in direct support for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of operations. Service members must have specifically deployed for the direct support of the designated military operation. Service members who earned the AFEM for service in Vietnam between 1 Jul 1958 and 3 Jul 1965 may elect to receive the Vietnam Service Medal (VSM) instead of the AFEM. However, no service member may be issued both medals for service in Vietnam. The AFEM is authorized for service in Vietnam between 1 Jul 1958 and 3 Jul 1965 and 29 Apr 1975 to 30 Apr 1975. For service in Vietnam between 4 Jul 1965 and 28 Mar 1973, the VSM is authorized. According to the applicant's official military record, he was awarded the VSM with two Bronze Service Stars (w/2 BSS) for his service in Vietnam from 26 Feb 1972 to 21 Apr 1972. Established on 18 June 2003, the AFESR is awarded to Air Force Active Duty, Reserve, and Guard personnel credited with completion of contingency deployment after 1 Oct 1999. To qualify for the AFESR, individuals' must have deployed for a minimum of 45 consecutive days or must accumulate 90 nonconsecutive days of deployment. Permanent part overseas personnel are not eligible for the AFESR unless they are forward deployed on a contingency deployment. The applicant separated from Active Duty on 16 Apr 1974, several years before the AFESR was authorized; therefore, he is ineligible for entitlement. The Secretary of Defense, with the concurrence of the Secretary of State, may approve the acceptance and wear of NATO medals authorized by the Secretary General of NATO and offered to the U.S. Representative to NATO to recognize U.S. Service members who meet the eligibility criteria specified by NATO. The very first NATO Medal was authorized for military personnel who served under NATO command or operation control in direct support of NATO operations in the former Republic of Yugoslavia, from 1 Jul 1992 to 12 Oct 1998. The applicant is ineligible for the NATO Medal as the NATO Medal was not approved for operation in Denmark. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial of the applicant’s request for entitlement to the AM, the CRM and the AFEM. In a letter to the applicant, dated 28 Dec 2011, DPSIDRA advised him that he is ineligible for entitlement to the AFCAM, the AFESR, and the NATO Medal. The applicant has not provided a basis for which he is requesting entitlement to the AFEM; however, DPSIDRA believes he is requesting it for his time served in Vietnam as the applicant is not credited with any other Foreign Service. DPSIDRA was able to verify the applicant's entitlement to the PUC, VSM w/2 BSS, and the RVNGC w/P. The applicant's record has been updated by the appropriate office. The complete DPSIDRA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 Jan 2012, the applicant requested additional time to provide supplementary evidence in support of his request and his case was administratively closed. On 10 Apr 2012 the applicant, requested his application be reopened. He states he served on a UH-1F Helicopter at Minot AFB, ND which included the requirement for alert status and “ride alongs.” He also served on the UH-1N Helicopter in Vietnam and Eglin AFB, FL in Special Operations Squadrons, which included combat readiness games. In addition he was on Temporary Duty (TDY) to Denmark in support of Flintlock V in 1972. The applicant’s complete response, with attachments, is at Exhibit G. ________________________________________________________________ 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 note the OPR has administratively corrected the applicant’s request for the PUC and the RVNGC w/P. However, in regards to the applicant’s request for entitlement to the AM, AFCAM, CRM, AFEM, AFESR, and the NATO Medal, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant’s comments in response to the Air Force evaluation are duly noted, we do not find his assertions sufficiently persuasive to override the rational provided by the Air Force OPR. 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 18 Oct 2012, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2011-02637: Exhibit A. DD Forms 149, dated 4 May 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 28 Dec 2011, w/atch. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 2012. Exhibit E. Letter, Applicant, dated 19 Jan 2012. Exhibit F. Letter, AFBCMR, dated 9 Feb 2012. Exhibit G. Letter, Applicant, dated 10 Apr 2012, w/atchs. Chair