RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02362

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be awarded the Korean Defense Service Medal (KDSM). (Administratively Corrected).

One of his awarded Armed Forces Expeditionary Medals (AFEM), which was awarded for Operation FREQUENT WIND, be exchanged for the award of the Vietnam Service Medal (VSM).

APPLICANT CONTENDS THAT:

The KDSM was approved for wear after his retirement date and since he meets the eligibility criteria, he would like to have his records corrected. 

He was awarded two AFEMs which are reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 30 Apr 96.  In accordance with Section 542, Public Law 107-314, the AFEM for participation in Operation FREQUENT WIND may be exchanged for the VSM. 

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

STATEMENT OF FACTS:

On 5 Mar 70, the applicant entered the Regular Air Force.

From 17 May 74 to 7 May 75, according to the applicant’s Air Force Commendation Medal citation was assigned to Korat Royal Thai Air Base, Thailand.

On 30 Apr 96, the applicant retired and was credited with 26 years, 1 month, and 26 days of active service.  He was also credited with 8 years, 9 months and 2 days of Foreign 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 indicating there is no evidence of an error or an injustice to allow the applicant to exchange his AFEM for a VSM.  The AFEM is awarded to members of the United States Armed Forces who, after 1 Jul 58, 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 AFEM may be awarded to members of the Armed Forces of the United States who, after 1 Jul 58, 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 be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria: Was engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area, or was wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time in the area of eligibility. 

The AFEM was awarded for participation in Operation FREQUENT WIND with the inclusive period from 29 Apr 75 to 30 Apr 75.  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 VSM is awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 Jul 65, and before 28 Mar 73.  In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the VSM.  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; 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 temporary duty for 30 consecutive days or 60 non-consecutive days.  Those time limitations may be waived for personnel participating in actual combat operations.  One bronze campaign star shall be worn on the suspension and campaign ribbon of the VSM for one or more days of participation in each designated campaign phase.

The KDSM is awarded to service members who were assigned, attached, or mobilized to units operating or serving on all the land area of the Republic of Korea, and the contiguous waters out to 12 nautical miles, and all airspace above all the land and water areas of Korea. Personnel must have been physically present in the areas above for 30 consecutive days or 60 nonconsecutive days, or meet one of the following:  be engaged in actual combat during an armed engagement, regardless of the time in the areas of eligibility, be killed, wounded, or injured in the line of duty and required medical evacuation from the area of eligibility or while participating as a regularly assigned aircrew member flying sorties into, out of, within or over the area of eligibility in support of military operations.  Each day that one or more sorties are flown in accordance with these criteria shall count as 1 day toward the 30 or 60 day requirement.

After a thorough review of the applicant’s official military personnel record, it was determined the below Air Force Medal should have been awarded:
	
	- Korean Defense Service Medal

Upon final Board decision, the applicant’s record will be administratively corrected.

AFPC/DP3SP was unable to verify award of the AFEM and unable to locate any official documents that verify the applicant served in the area of eligibility in support of an operation for which the AFEM was authorized.  While it was possible to verify the applicant served in Thailand from 8 May 74 to 9 May 75, official documentation verifying he served in direct support of Operation FREQUENT WIND, which occurred in Vietnam, could not be located.  Further, the AFEM with one Bronze Service Star listed on the applicant’s DD Form 214, without any official documentation to verify he was awarded one of the AFEMs for direct support of Operation FREQUENT WIND, cannot be exchanged for the VSM.

To grant relief would be contrary to the criteria established by the DoDM 1348.33-M, Manual of Military Decorations and Awards,  Secretary of the Air Force, Chief of Staff, and/or the War Department.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes several points made by the OPR and argues that while his service in Thailand is not in question; AFPC/DP3SP claims they cannot verify his support in Operation FEQUENT WIND.  He also requests to exchange one of his AFEM’s for a VSM.  He offers the following supported facts:

His fitness report for the period in question confirmed he was assigned to the 388th Tactical Fighter Wing, Korat, RTAFB, Thailand.  The 388th was engaged in Operation FREQUENT WIND; which can be confirmed by reviewing unit’s “Fact Sheet” on line. 
In April 1975, the wing provided cover and escort during the evacuation of Americans and allies from Phnom Penh, Cambodia, and South Vietnam. 

The applicant also provided a copy of a signed AF Form 1881, Hostile Fire Pay Certification and MPO, which covers the entire month of Apr 1975.  The form lists the applicant by name and his social security number. It states:  “While providing air cover for evacuation aircraft and personnel during the evacuation of Saigon, South Vietnam, the above name personnel were subjected to confirmed hostile fire.  These were close air support/Hunter-Killer missions flown in F-4D aircraft. Mission symbol “0-1.””

Finally, the applicant provided a copy of his Individual Flight Record, prepared on 6 Aug 75.  The document lists his participation on 29 Apr 1975 in Mission Symbol 02 as Combat Support.

A complete copy of the applicant’s submission 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal comments, we believe the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DP3SP indicating that relief should be denied because they could not verify award of the AFEM, nor could they locate any official documents which verify he served in the area of eligibility in support of an operation for which the AFEM was authorized, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided copies of the 388th Fighter Wing Fact Sheet from Air Combat Command’s historical library.  This document confirmed the wing provided cover and escort during the evacuation of Americans and allies from Phnom Penh, Cambodia, and South Vietnam.  He also provided a copy of a signed AF Form 1881, Hostile Fire Pay Certification and MPO, which confirmed he was providing air cover for evacuation aircraft and personnel during the evacuation of Saigon, South Vietnam and provided close air support/Hunter-Killer missions in an F-4D aircraft.  Finally, the applicant provided a copy of his Individual Flight Record which lists his participation in flight operations on the specific date in question: 29 Apr 1975, which was the timeframe in support of Operation 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 that he be awarded one (1) AFEM for service in Operation EAGLE PULL and one (1) VSM with one service star for service in Operation FREQUENT WIND.  The AFEM one oak leaf cluster be removed from his record. 

The following members of the Board considered AFBCMR Docket Number BC-2015-02362 in Executive Session on 1 Mar 16, 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 A.  DD Form 149s, dated 2 Jun 15 and 
  3 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 7 Dec 15.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Jan 16.
	Exhibit E.  Letter, Applicant, undated.