RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02062 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect Vietnam service. 2. On 7 Jun 2013, the applicant submitted another DD Form 149 amending his request to substitute the Vietnam Campaign Medal (VCM) for the Armed Forces Expeditionary Medal (AFEM). _________________________________________________________________ APPLICANT CONTENDS THAT: His Vietnam service was excluded from his DD Form 214. As a result, the Department of Veterans Affairs (DVA) has him in the wrong classification. The time he spent in Vietnam appears in Block 24e of his DD Form 214. The VCM should be substituted because the DVA does not recognize the AFEM as proof of Vietnam service. In support of his request, the applicant provides copies of his DD Form 214, AF Form 626, Request and Authorization for Temporary Duty of Military Personnel; a special order and letter showing he was awarded the AFEM. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 7 Jul 1959, the applicant entered active duty. On 21 Jun 1963, the applicant was awarded the AFEM for participation in US operations in Vietnam. On 5 Jul 1963, he was honorably discharged. He served 3 years, 11 months and 29 days on active duty. The Vietnam Service Medal (VSM) was awarded to members of the Armed Forces who between 4 Jul 1965 and 28 Mar 1973 served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam for 30 consecutive days or 60 non- consecutive days. The VCM is awarded to members of the Armed Forces of the United States who between 1 Mar 1961 and 28 Mar 1973, served for 6 months in South Vietnam during this period; served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months. The AFEM was established on 4 Dec 1961, to be awarded to members of the United States Armed Forces who, after 1 Jul 1958, have participated in a United States military operation and encountered foreign armed opposition, or were in danger of hostile action by foreign Armed Forces. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of award of the VCM. There is no official documentation in the applicant’s records showing he served 6 months in the area of eligibility for award of the VCM. To grant the applicant relief would be contrary to the eligibility criteria established by Department of Defense Manual 1348.33, Manual of Military Decorations and Awards. The applicant was recognized for his Vietnam service with award of the AFEM for participation in the United States Operation of Assistance for friendly foreign nations (Vietnam) per Headquarters Pope Air Force Base (AFB), NC, and 464th Combat Support Group Special Order G-65, dated 21 Jun 1963. However, the applicant’s DD Form 214 does not reflect award of the AFEM. In Accordance With (IAW) Executive Order 11231, service members who earned the AFEM for Vietnam service between 1 Jul 1958 and 3 Jul 1965 may elect to receive the VSM instead of the AFEM but may not receive both. DPSID contacted the applicant on 7 Jun 2013 and he elected to receive the VSM, with one Bronze Service Star, in lieu of the AFEM. Upon final Board decision, DPSID will administratively correct the applicant’s records to show award of the National Defense Service Medal (NDSM), Republic of Vietnam Gallantry Cross, with Palm (RVNGC w/P), and the VSM, with One Bronze Service Star. The complete DPSID evaluation is at Exhibit B. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 Aug 2013 for review and comment within 30 days. As of this date, this office has not received a response (Exhibit C). _________________________________________________________________ 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 to warrant award of the VCM. We took notice of the applicant’s 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 (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 requests that his DD Form 214, Block 32, Remarks, be amended to reflect “Vietnam- Yes,” this block is only checked “Yes” for personnel permanently assigned in Vietnam, not in a TDY status. Regarding the applicant’s request to change his record to reflect his service in Vietnam, Special Order G-65, dated 21 Jun 63, for participation in the U.S. Operation of Assistance for Friendly Foreign Nations (Vietnam) and his DD Form 215, Correction to DD Form 214, reflecting award of the VSM may be used in combination as evidence of boots-on-the-ground in Vietnam. Therefore, other than the administrative corrections awarding the NDSM, RVNGC w/P, and VSM with one Bronze Service Star, we find no basis to recommend granting the VCM. ________________________________________________________________ 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 AFBCMR Docket Number BC-2013-02062 in Executive Session on 4 Mar and 5 Mar 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documents were considered: Exhibit A. DD Forms 149, dated 25 Apr 2013 and 7 Jun 2013, w/atchs. Exhibit B. Letter, AFPC/DPSID, dated 1 Jul 2013. Exhibit C. Letter, SAF/MRBR, dated 5 Aug 2013. Panel Chair