ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-03065
		
 					     COUNSEL:  NONE

				          HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the following:  

	He was awarded the Vietnam Service Medal (VSM).

	He was awarded the Humanitarian Service Medal (HSM).

He served in Vietnam.  

APPLICANT CONTENDS THAT:

The Board’s conclusion in his initial application indicated his case was denied based on the absence of supporting witness statements.  In addition to materials previously submitted, he provides a witness statement which reflects he served at Ton Son Nhut Air Base, South Vietnam during the period of 1 through 30 April 1975 in support of Operations Baby Lift and Frequent Wind.   

He is acting in the most prudent and expeditionary manner possible since discovering the error. 

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

RESUME OF CASE:

The applicant entered this period of active duty service on 28 June 1974 and was discharged on 27 July 1979.  He was credited with 5 years and 1 month of active duty service this period.  He also served 3 years and 10 days of prior active duty service.

On 25 July 2014, he submitted an AFBCMR application requesting award of the VSM, Armed Forces Expeditionary Medal (AFEM) and HSM and that his records be amended to reflect he served in Vietnam.  He provided copies of Temporary Duty (TDY) orders and documentation indicating he attempted to have his records corrected by AFPC.  However, his requests were denied indicating there was no documentation to validate his assertions he qualified for the recognition.  He stated he was being denied the awards because the records center failed to retain applicable documents that should be in his records.

On 30 April 2015, the Board concluded they found no evidence the applicant was entitled to the relief requested and denied his application.  The Board noted that although the applicant provided travel orders, the orders failed to provide substantive proof of the applicant’s travel.  The Board also noted that while the applicant contends service records should be available to support his claim that the burden of proof was on the applicant.

On 1 August 2015, the applicant submitted an appeal for reconsideration of his requests for award of the VSM and the HSM and that he served in Vietnam.  The applicant provides a witness statement letter dated 1 August 2015 which affirms the applicant served at Ton Son Nhut Air Base, Vietnam from 1 through 30 April 1975 as a security police supervisor in support of Operations Baby Lift and Frequent Wind.

The applicant’s records include the following documents:  

Memorandum from the 3d Security Police Group, Pacific Air Forces (PACAF), titled Operation Baby Lift, dated 11 April 1975, which states the applicant was assigned to a special detail for the period of 13 April 1975 to 1 May 1975.  

Request and Authorization for Change of Administrative Orders, Special Order TA-1741, dated 30 April 1975, which states the applicant’s TDY order (TA-1571, dated 18 April 1975) was amended to reflect his TDY to the Republic of Vietnam was for 20 days instead of 5 days.  

Special Order TA-52, dated 7 January 1976, which confirmed the verbal orders of the Commander, 3rd Combat Support Group, PACAF, on 1 April 1975, that the applicant was on TDY assignment from Clark AB, Philippines to Saigon, Republic of Vietnam, Andersen AB, Guam and Thailand, performing 10 round trips during the period of 1 April 1975 to 30 April 1975 to participate in regular and frequent aerial flight to perform airborne operational support duty and that exigencies precluded written orders in advance.  

Public Law 107-314, Section 542 included option for veterans to convert award of the Armed Forces Expeditionary Medal (AFEM) for Operation Frequent Wind to the VSM.  

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 injustice.  Having carefully reviewed the applicant’s complete submission and the decision of the Board in his initial appeal on 30 April 2015, we are persuaded the applicant has been the victim of an error or injustice.  While we note the applicant has not provided a copy of a travel voucher to substantiate his travel, it is our opinion the multiple documents in the applicant’s records, to include a memorandum from the 3d Security Police Group dated 11 April 1975, Special order TA-1741, dated 30 April 1975 and Special Order TA-52, dated 7 January 1976, indicate it is more likely than not he had boots on ground in Vietnam.  Moreover, the applicant has provided a witness statement dated 1 August 2015 which affirms he served at Ton Son Nhut Air Base, Republic of Vietnam from 1 to 30 April 1975 in support of Operations Baby Lift and Frequent Wind.   Further, as pointed out by the AFPC/DPSID evaluation in his initial appeal, Public Law 107-314, Section 542 provides that an eligible Vietnam evacuation veteran may be awarded the VSM, notwithstanding any otherwise applicable requirements for the award of that medal.  Any such award shall be made in lieu of the AFEM awarded for participation in Operation Frequent Wind. Accordingly, we find the available evidence sufficient to find the applicant has sustained his burden of proof that he had boots on ground in Vietnam from 1 through 30 April 1975.  Because DODI 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), precludes adding TDY locations on the DD Form 214, we believe the appropriate remedy is to correct the applicant’s record to show he had boots on ground in Vietnam.   In view of the above, we also recommend his records be corrected to reflect award of the VSM and the HSM for his Vietnam service from 1 through 30 April 1975 in support of Operations Baby Lift and Frequent Wind.  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 the APPLICANT be corrected to show:

     a. He had boots on ground at Ton Son Nhut Air Base, Republic of Vietnam, from 1 through 30 April 1975. 

     b. His DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his discharge on 27 July 1979, be amended in Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, to include the Vietnam Service Medal and the Humanitarian Service Medal. 

The following members of the Board considered AFBCMR Docket Number BC-2014-03065 in Executive Session on 1 November 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit G.  DD Form 149, dated 1 August 2015, w/atchs.
	Exhibit H.  Record of Proceedings, dated 29 May 2015, 
		       w/exhibits.  
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.