RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04259 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. He be entitled to the Vietnam Campaign Medal (VCM). 2. He be entitled to the Vietnam Service Medal (VSM). 3. He be entitled to the Armed Forces Expeditionary Medal (AFEM). APPLICANT CONTENDS THAT: He was a crewmember on the aircraft that flew the media to Vietnam during the release of the Prisoners of War (POWs). His C-130 was featured when the documentary film “Anytime, Anyplace,” narrated by John Wayne was filmed. The Board should find it in the interest of justice to consider his untimely application because he served his country with honor and for the last 20 years he has been trying to correct his records to reflect the aforementioned awards. In support of his requests, the applicant provides copies of a letter from his member of congress, his DD Form 214, Report of Separation from Active Duty and AF Form 77a, Supplemental Sheet to AF Forms 77, 707, 909, 910, 911 and 475. His complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Regular Air Force from 20 March 1969 through 31 March 1989. The applicant’s Airman Performance Report (APR) for the period 5 May 1972 thru 4 May 1973, reflects that he performed Temporary Duty (TDY) in the Republic of Vietnam. Specifically it states the applicant’s “aircraft completed 92% of its scheduled missions without deviations and played an important role of shuttling North Vietnam prisoners during exchange of POWs and International Peace Commission Personal throughout Vietnam.” According to the applicant’s APR for the period 21 March 1969 thru 15 March 1970, he was assigned to the 37th Tactical Airlift Squadron at Langley AFB, VA. In a letter to the applicant dated 26 March 2012, AFPC/DPAPP advised him that they were able to confirm boots on ground Foreign Service time at Ching Chuan Kang (CCK) Air Base, Taiwan from 30 June 1970 to 15 July 1971 and Clark Air Base, Republic of the Philippines, from 27 August 1973 to 8 November 1975. Furthermore, while assigned to Langley Air Force Base, VA, as indicated in his APR, he was TDY to the Republic of Vietnam, however, DPAPP is unable to determine the exact location or the exact amount of time of this duty. DPAPP advised the applicant that the amount of Foreign Service time reflected on his DD Form 214, is correct. Since specific locations are not annotated on a member's DD Form 214, the applicant was advised to use the 26 March 2012 letter as proof of “boots on ground” for Taiwan, the Republic of the Philippines and the Republic of Vietnam. The applicant’s Letter of Evaluation (LOE) for the period 2 December 1972 thru 28 February 1973 reflects he was assigned as a primary crew chief on aircraft (63-7871). The VCM is awarded to members of the United States Armed Forces who, between 1 March 1961 and 28 March 1973 served for 6 months in South Vietnam, or, 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. Only members of the United States Armed Forces who meet the criteria established for the AFEM or the VSM during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces; or, did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty, but later rescued or released, killed in action or in the line of duty; or were assigned in Vietnam on 28 January 1973, and served in Vietnam for the entire period between 29 January 1973 to 28 March 1973. The VSM is awarded to all service members of the Armed Forces who between 4 July 1965 and 28 March 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. To be eligible, a Service member must: Be permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations. Be permanently assigned, attached, or detailed for one, or more, days aboard a naval vessel directly supporting military operations. Have actually participated as a crew member in one or more aerial flights directly supporting military operations. Have served on TDY for 30 consecutive days or 60 non- consecutive days. Those time limitations may be waived for personnel participating in actual combat operations. The AFEM 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 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: 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, or 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. On 23 January 2015, DPSID administratively corrected the applicant’s record to reflect award of the Republic of Vietnam Gallantry Cross with Palm. THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID is unable to determine the dates and locations for the applicant's TDY to Vietnam; therefore, the applicant is ineligible for award of the AFEM, VSM, or the VCM during the award inclusive periods. The AFEM was awarded for participation in Operation FREQUENT WIND, during the fall of Saigon, with the inclusive period from 29 Apr 1975 to 30 Apr 1975. However, DPSID is unable to locate official documentation showing the applicant was in the country of Vietnam during Operation FREQUENT WIND. Moreover, they are unable to locate documentation showing the applicant participated in Operation HOMECOMING, the return of the POWs from North Vietnam during February and March 1973. Additionally, they were unable to determine any awards given for participation in Operation HOMECOMING. To grant relief would be contrary to the eligibility criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department. The complete DPSID evaluation is at Exhibit C. APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION: The applicant’s spouse provided a letter from a former pilot who served with the applicant and states that on 18 February 1973, while assigned to an air base in Taiwan, the applicant served as crew chief on the mission that assisted in the rescue of POWs being held in Vietnam (C-130 Tail #871). The pilot included a copy of his individual flight record, dated 2 March 1973, which documents the missions during the period 31 January 1973 to 19 February 1973. The complete response, with attachments, is at Exhibit E. 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 awarding the applicant the VCM or the AFEM. 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 the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore we find no basis to recommend granting any of the relief sought in this portion of his application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant award of the VSM. Although the Air Force OPR was unable to verify the amount of time the applicant served in Vietnam, based on a preponderance of the evidence we believe corrective action is warranted. In this respect, we note that the applicant’s APR closing 4 May 1973, reflects that his aircraft played an important role of shuttling North Vietnam prisoners during exchange of POWs and International Peace Commission Personal throughout Vietnam. The applicant has also provided a witness statement from a retired lieutenant colonel stating the applicant served as a crew chief on rescue missions of POWs being held in Vietnam. Moreover, his LOE rendered for the period 2 December 1972 to 28 February 1973, reflects he was assigned as a primary crew chief on aircraft 63-7871 which corresponds with the tail number reflected in the flight record provided by the pilot. In view of the foregoing, we find the evidence presented sufficient to conclude the applicant meets the criteria for award of the VSM. Accordingly, we recommend his records be corrected to the extent indicated below. 5. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Vietnam Service Medal. The following members of the Board considered this application in Executive Session on 19 August 2014 and 10 September 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR BC-2013- 04259 was considered: Exhibit A. DD Form 149, dated 28 August 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 2 January 2014. Exhibit D. Letter, SAF/MRBR, dated 14 March 2014. Exhibit E. Letter, Applicant, dated 26 July 2014, w/atchs.