RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02413

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

1)  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his temporary duty (TDY) to Bangkok, Thailand from 1 Jul 62 to 28 Aug 62, and again from 3 Sep 62 to 13 Sep 62.  

2)  He be awarded the Air Force Expeditionary Medal and/or the Vietnam Service Medal (VSM).

APPLICANT CONTENDS THAT:

His DD Form 214 is in error because it does not reflect his TDY to Bangkok, Thailand from 1 Jul 62 to 28 Aug 62, and again from 3 Sep 62 to 13 Sep 62.  Because of the secret nature of this TDY assignment he was never issued travel vouchers.  The vouchers were sent to the accounting and finance office that no longer possesses these records, and if they were transferred to the National Personnel Records Center, they were destroyed by fire in the 1970s. He further contends this TDY time in Thailand entitles him to be awarded the AFEM or the VSM.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Oct 58.

On 7 May 63, the applicant was furnished an honorable discharge, and was credited with 4 years, 6 months, and 24 days of active service, including 1 year, 2 months, and 25 days of foreign service.   

On 7 Mar 96, AFPC/DPPPRA informed the applicant they were unable to determine his entitlement to the Expeditionary Medal (AFEM) and the Vietnam Service Medal (VSM).  They were able to verify his entitlement to the Air Force Longevity Service Award, Good Conduct Medal, and National Defense Service Medal, and enclosed such awards.  

On 11 Mar 02, AFPC/DPPPR advised the applicant they still could not verify his eligibility for the VSM or AFEM.  Although he provided TDY orders for two separate trips, he did not provide travel vouchers showing he had accomplished the deployment or that he was in Vietnam, Thailand, Laos, or Cambodia 30 consecutive or 60 nonconsecutive days. 

On 13 May 15, AFPC/IG informed the applicant’s Congresswoman that after a thorough review of his official military personnel records, they were unable to verify award of the VSM or the AFEM as was previously requested on 7 Mar 96, 11 Mar 02, 23 Apr 02, and 
24 Jun 02.  

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice.  Information provided by the applicant and his master personnel records did not contain official information that reflects he served in Thailand.  

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

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  After a thorough review of the applicant's official military personnel record, they were unable to verify award of the Armed Forces Expeditionary Medal (AFEM) or the Vietnam Service Medal (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 United States Armed Forces 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 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:  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.  

The VSM was 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 Vietnam Service Medal.  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.

They were unable to locate official documentation to verify the applicant deployed to an area of eligibility in direct support of an operation for which the AFEM is authorized.  They were unable to locate official documentation nor did the applicant provide any to verify he served in Vietnam, Thailand, Laos, or Cambodia in direct support of operations in Vietnam or 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; or served on temporary duty for 30 consecutive or 60 non-consecutive days in the area of eligibility for award of the Vietnam Service Medal.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 May 16 for review and comment within 30 days (Exhibit E).  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.  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-2015-02413 in Executive Session on 22 Sep 15 under the provisions of AFI 36-2603:
	
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02413 was considered:

	Exhibit A.  DD Form 149, dated 2 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 14 Mar 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 14 Apr 16.
	Exhibit E.  Letter, SAF/MRBR, dated 2 May 16.

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.