RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02609

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect he was awarded medals for Vietnam service.

2.  His records be corrected to reflect he was awarded the Good Conduct Medal (GCM).

3.  His records be corrected to reflect he was awarded the non-crew member flight wings.

APPLICANT CONTENDS THAT:

The requested medals were omitted at the time of his discharge and he made many trips in and out of Vietnam.

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

STATEMENT OF FACTS:

On 6 Sep 63, the applicant enlisted in the Regular Air Force.

On 5 Sep 67, the applicant was relieved from active duty and transferred to the Air Force Reserve.  He was credited with four years of total active service, to include one year, six months, and 3 days of foreign service.

Upon final board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DPSOR to add the following medals/decorations:

•	Air Force Outstanding Unit Award with three Bronze Oak Leaf Clusters (AFOUA w/3BOLC)

•	Air Force Good Conduct Medal (AFGCM)
 
•	Vietnam Service Medal with one Bronze Service S.tar (VSM w/l BSS)

•	Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P)

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

AIR FORCE EVALUATION:

AF/A3OM recommends denial of the applicant’s request for award of the Aircrew Member Badge indicating the applicant did not meet the requirements for award of the badge.  The applicant was placed on non-crew flying status during the period of 15 Mar 66 to 30 Jun 66.  He is requesting non-crew member flight wings and there is no such thing as non-crew member flight wings.  However, there is an Aircrew Member Badge. 

IAW AFM 35-13 Flying Status, Aeronautical Ratings, Designations, and Parachute Jump Status, dated 10 Sep 62, paragraph 5-9 (1)(a) …”An individual who has held a crew member AFSC as a principal duty assignment for not less than 36 months (not necessarily consecutive) will be authorized to wear the badge permanently. Such permanent award will be entered in the AF Form 7 of individuals so entitled.”  Based on the period he was placed on flying status from 15 Mar 66 until 30 Jun 66, he does not meet the requirement of at least 36 months.  Also, an AF Form 7 was not provided indicating he was awarded the badge.

A complete copy of the AF/A3OM evaluation is at Exhibit C.

AFPC/DPSID recommends denial of the applicant’s request for award of the GCM indicating his dates of service from 6 Sep 63 to 5 Sep 67 are past the award dates for award of the GCM.  However, he does qualify under the criteria established for award of the Air Force Good Conduct Medal (AFGCM).  Also, DPSID recommends disapproval for award of the Vietnam Campaign Medal (VCM).  DPSID indicates there was no official documentation provided or located verifying the applicant contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months; rendering the applicant ineligible for award of the VCM.

The GCM is awarded to enlisted members who have honorably completed 3 continuous years of active military service subsequent to 26 Aug 40, and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity.  This medal is only award to Airman prior to the establishment of the AFGCM on 1 Jun 63.  In accordance with Executive Order 8809, amended by Executive Order 9323, the GCM may also be awarded to service members who complete more than one year but less than three years of active federal military service if the AFGCM has not been previously awarded.  The GCM is awarded for a one-year period of service during a time of war only when a formal declaration of war has been made and approved by the United States Congress.

The VCM is awarded to members of the United States Armed Forces who, between 1 Mar 61 and 28 Mar 73 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 Armed Forces Expeditionary Medal or the Vietnam Service Medal 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 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73.

After a thorough review of the applicant's official military personnel record, DPSID were able to verify award of the AFGCM, Vietnam Service Medal with one Bronze Service Star (VSM w/1BSS) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).

The applicant's active duty service was from 6 Sep 63 to 5 Sep 67.

The applicant provided a Temporary Duty Order dated 8 Aug 65, indicating he was assigned to the 5lst Field Maintenance Squadron, Naha Air Base, Okinawa, and was sent to Tan Son Nhut Air Base, Vietnam for “Urgent Official Business.”  There are no dates to indicate the length of the temporary duty.

The applicant also provided paid Travel Voucher (DD Form 1351-2), T-8245.  The document is a very poor copy; however, it appears to indicate the applicant went from Naha Air Base, Okinawa, to Da Nang, Vietnam, and other locations in Vietnam, from 10 Aug 1965 to 21 Aug 65.

The applicant's Performance Report (AF Form 909) dated from 6 Sep 64 to 7 Jun 66 states the applicant's duty as Flying Crew Chief. It appears more likely than not, the applicant was an assigned crew member completing one, or more, days with an organization participating in or directly supporting ground (military) operations in the area of eligibility rendering him eligible for award of the VSM w/1BSS.

DPSID requested through AFPC/DPSOR-214, upon final board action, the applicant’s records be administratively corrected to reflect the AFOUA w/3BOLC; the AFGCM; the VSM w/l BSS, and the RVNGC w/P.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 4 Nov 15 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application beyond that rendered administratively.

4.  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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-02609 in Executive Session on 14 Jun 16 under the provisions of AFI 36-2603:

				  , Panel Chair
				  , Member
				  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 Jun and 28 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AF/A3OM, dated 10 Aug 15.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 6 Oct 15.
	Exhibit E.  Letter, AFBCMR, dated 4 Nov 15.