RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00972

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Armed Forces Expeditionary Medal (AFEM) awarded for Operation FREQUENT WIND be converted to a Vietnam Service Medal (VSM).  

He be issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting award of the VSM.    

APPLICANT CONTENDS THAT:

His AFEM can be converted to a VSM in accordance with the Fiscal Year 2003 (FY03) National Defense Authorization Action (NDAA), Section 542.  

His DD Form 214 did not reflect award of the VSM since the conversion from AFEM to VSM was not approved until after his retirement.  

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

STATEMENT OF FACTS:

The applicant retired on 30 September 1991 in the grade of Master Sergeant (MSgt, E-7).  He was credited with 16 years, four months and 10 days of active duty service for this period.  He was also credited with three years, eight months and one day of prior active duty service.  

The applicant’s AF Form 910, TSgt, SSgt and Sgt Performance Report, for the reporting period of 26 May 1973 to 25 May 1974 reflects he was assigned to Nakhon Phanom, Thailand.  

The applicant’s AF Form 910, for the reporting period of 17 October 1974 to 1 June 1975, states, “He took part in Eagle Pull, the evacuation of Phnom Penh, on 12 April 1975.  During Frequent Wind, the evacuation of Saigon, the applicant stood Search and Rescue (SAR) alert.  Even though the rescue forces were not employed, they were ready if needed.”    

The AFEM may be awarded to members of the U.S. Armed Forces who after 1 July 1958 participate, or have participated, as members of the U.S. military 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, and 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 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.

The VSM was awarded to 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 for 30 consecutive or 60 non-consecutive days.  

Operation FREQUEND WIND was the final phase in the evacuation of American civilians and “at-risk” Vietnamese from Saigon, South Vietnam on 29 to 30 April 1975.  The AFEM was awarded for participation in Operation FREQUENT WIND with the inclusive period from 29 to 30 April 1975.  In accordance with Section 542, Public Law 107-314, the AFEM for participation in Operation FREQUENT Wind may be exchanged for the VSM.  However, a service member may not receive both awards for the same period of service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial.  There is no evidence the applicant received award of the AFEM for support of Operation FREQUENT WIND or entered the area of eligibility in direct support of Operation FREQUENT Wind.  DP3SP was unable to verify award of the VSM in lieu of the AFEM.  The applicant has several awards of the AFEM; however, they cannot confirm if he received one of the awards for direct support of Operation FREQUENT WIND.

The applicant made a similar request on 4 February 2015.  He was provided the same response and was instructed to provide official documentation verifying he entered the area of eligibility in support of Operation FREQUENT WIND for further consideration.  On 10 October 2015, the applicant again requested award of the VSM in lieu of the AFEM and was advised in a letter dated 12 November 2015 that they were unable to verify boots-on-ground in the country of Vietnam (Saigon) in direct support of Operation FREQUENT WIND between 29 April 1975 and 30 April 1975.  As stated in the 12 November 2015 letter to the applicant, the only reference to Operation FREQUENT WIND was the EPR covering the period of 17 October 1974 to 1 June 1975 stating “he stood SAR alert.  Even though the rescue forces were not employed, they were ready if needed.”  Without any other official documentation to the contrary per the applicant’s AF Form 910, he did not enter the area of eligibility in direct support of Operation FREQUENT WIND.  The applicant was instructed to appeal to the AFBCMR should he still believe an error or injustice exists.  There was no official documentation provided in this request to verify he entered the area of eligibility, in this case Vietnam, in direct support of Operation FREQUENT WIND. To grant relief would be contrary to the DODM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and Chief of Staff. 

A complete copy of the AFPC/DP3SP 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 19 April 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-00972 in Executive Session on 2 June 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 March 2015, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 April 2016.
	Exhibit D.  Letter, AFBCMR, dated 19 April 2016.