RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04156 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect one Armed Forces Expeditionary Medal (AFEM), for Operation EAGLE PULL and one Vietnam Service Medal (VSM), for Operation FREQUENT WIND. APPLICANT CONTENDS THAT: In 2006, he requested the exchange of one of his two AFEMs for a Vietnam Service Medal (VSM) as authorized in House Rpt 107-772- National Defense Authorization Act for Fiscal Year 2003, for Operation FREQUENT WIND. In 2007, he found out that both of his AFEMs were taken away and replaced with a Vietnam Service Medal with one Bronze Star (VSM w/1BS) for Campaigns 17 and 18. One of the AFEMs was awarded for Operation EAGLE PULL and should stand. In support of his request, the applicant submits copies of House Rpt 107-772- National Defense Authorization Act for Fiscal Year 2003, for Operation FREQUENT WIND, Form SF180 National Personnel Records Center, Request Pertaining to Military Records, dated 11 July 2013. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to copies of his DD Form 214s, and documents extracted from the applicant’s military personnel records, he initially enlisted in the Regular Air Force on 22 June 1972, and was progressively promoted to the grade of Master Sergeant (MSgt), E-7. On 12 January 1984, he was released from active duty, with an honorable characterization of service, to accept a commission in the same branch of service. He was credited with completing 11 years, 6 months, and 21 days of active duty service. The applicant was commissioned on 13 January 1984, and was released on 31 October 1992, with an honorable characterization of service and narrative reason of separation of “Voluntary Retirement for Years of Service Established by Law.” The applicant’s DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 11 August 2006, reflects the Armed Forces Expeditionary Medal with One Bronze Service Star (VIETNAM) was deleted and the Vietnam Service Medal with One Bronze Service Star was added. AIR FORCE EVALUATION: 1.  HQ AFPC/DPSID recommends approval of the reinstatement of the Armed Forces Expeditionary Medal. DPSID states that the applicant's DD Form 214, dated 31 October 1992, is annotated with the entry Armed Forces Expeditionary Medal with one Bronze Service Star (VIETNAM). A DD Form 215, dated 8 November 2006, deleted the Armed Forces Expeditionary Medal with one Bronze Service Star (VIETNAM) from the applicant's DD Form 214. The correction was done by the National Personnel Records Center and it is unclear why they removed both of the Armed Forces Expeditionary Medal awards. 2.  The Armed Forces Expeditionary Medal is awarded to members of the United States Armed Forces who, after 1 July 1958, participated in United States Military operations, United States operations in direct support of the United Nations, or United States operations of assistance for friendly foreign nations. The Armed Forces Expeditionary Medal may be awarded to members of the United States Armed Forces who after 1 July 1958, participate, or have participated, as members of United States Military units in a United States Military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; encounter, incident to 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. Service members must have been permanently assigned, attached, or detailed to a unit that participated in or engaged in direct support of the operation for 30 consecutive days in a designated area of eligibility in a foreign territory (or for the full period when an operation is less than 30 days duration) or for 60 non-consecutive days provided the support involved entering the area of eligibility or met the following criteria: a.  Was engaged in actual combat, or duty that was equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area of eligibility. b.  Was wounded or injured and required medical evacuation from the area of eligibility while participating in the operation, regardless of time in the area of eligibility. c.  The Armed Forces Expeditionary Medal was awarded for service in Vietnam, with inclusive dates from 1 July 1958 to 3 July 1965. d.  The Armed Forces Expeditionary Medal was awarded for participation in Operation FREQUENT WIND with the inclusive period from 29 April 1975 to 30 April 1975. In accordance with Section 542, Public Law 107-314, the Armed Forces Expeditionary Medal for participation in Operation FREQUENT WIND may be exchanged for the Vietnam Service Medal. e.  The Armed Forces Expeditionary Medal was awarded for participation in Operation EAGLE PULL, with inclusive dates from 11 April 1975 to 13 April 1975. 3.  The original deletion of the Armed Forces Expeditionary Medal with one Bronze Service Star (VIETNAM) from the applicant's DD Form 214 appears to have been in error. Although the entry for the medal was followed by (VIETNAM), it was impossible for the applicant to have received two Armed Forces Expeditionary Medals for service in Vietnam, as the applicant did not enter into active duty until 22 June 1972, after the closing date of the Armed Forces Expeditionary Medal for Vietnam. Although we cannot verify the applicant's service in support of Operation EAGLE PULL, it is clear the applicant received the Armed Forces Expeditionary Medal for service other than Vietnam and his record should be corrected to reflect the basic award. After a thorough review of the applicant's official military personnel record, they were unable to verify award of the Armed Forces Expeditionary Medal for Operation EAGLE PULL. The complete AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 February 2014, for review and comment within 30 days (Exhibit D). To date, a response has not been received. 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting correction of the applicant’s DD Form 214. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded that relief is warranted. In this respect, we note the Air Force office of primary responsibility (OPR) comments that the DD Form 215 rendered to delete the Armed Forces Expeditionary Medal with one Bronze Service Star (VIETNAM) and add the Vietnam Service Medal with one Bronze Service Star, appears to have been in error as it was impossible for the applicant to have received two Armed Forces Expeditionary Medals for service in Vietnam based on his date of entry into active duty service. Notwithstanding that in accordance with Section 542, Public Law 107-314, the Armed Forces Expeditionary Medal for participation in Operation FREQUENT WIND may be exchanged for the Vietnam Service Medal, they cannot verify the applicant's service in support of Operation EAGLE PULL. However, it is clear he received a second Armed Forces Expeditionary Medal for service other than Vietnam, therefore, in addition to the Vietnam Service Medal; they recommend his record be corrected to reflect the basic Armed Forces Expeditionary Medal. Having carefully reviewed this application, we agree with the OPR’s recommendation and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of an error. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to reflect that Item 13, Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his separation for retirement on 31 October 1992, be amended to include award of the Vietnam Service Medal and the Armed Forces Expeditionary Medal. The following members of the Board considered this application in Executive Session on 13 May 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04156 was considered: Exhibit A. DD Form 149 dated 10 July 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSID, dated 31 December 2013. Exhibit D. Letter, SAF/MRBR, dated 28 February 2014. 1 2