RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04438
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect Foreign Service in Vietnam (Administratively Corrected).

2.  His records be corrected to reflect award of the Vietnam Service Medal (VSM).

3.  His records be corrected to reflect award of the Vietnam Campaign Medal (VCM).

APPLICANT CONTENDS THAT:

As an AC 130 Loadmaster, he supported Vietnam operations in 1964 to 1966 and did not received credit for his service.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Jun 62.

According to the applicant’s AF Form 7, Airman Military Record, he had "Foreign Service" from 1 Jan 63 to 7 Jun 64, TDY for 185 days, with no location listed.  Additionally, the AF Form 7 indicates he was awarded the Armed Forces Expeditionary Medal (AFEM) and the VSM.  The AFEM is also listed on the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

According to Special Order PA-253, dated 14 Oct 65, the applicant was TDY outside of the Continental United States (CONUS) for 185 days from 7 Jun 64 to 9 Sep 65.

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 the U.S. military units 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.  Encounter during 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.  Be engaged in direct support 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 involves entering the area of operations.

The VSM is awarded to all members of the Armed Services who between 4 Jul 65 and 28 Mar 73 served in the following areas of Southeast Asia: Vietnam and its contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam.   To be eligible, a service member must have been permanently assigned, attached, or detailed for one, or more days with an organization participating in or directly support ground (military) operations, or have directly participated as a crew member in one or more aerial flights directly supporting military operations, or, have served on temporary duty for 30 consecutive or 60 non-consecutive days.  Those time limitations may be waived for personnel participating in actual combat operations.

The VCM is awarded to members of the United States Armed Force who, between 1 Mar 61 and 28 Mar 73, served for six 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 six months.  Only members of the United States Armed Forces who meet the criteria establish 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 and 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.

According to the Air Force Personnel Center Awards and Decorations website, personnel previously awarded the AFEM for service in Vietnam between July 1958 and July 1965, may, upon request, exchange that medal for the VSM; however, no one is authorized to wear both medals solely for services in Vietnam.

On 29 Jun 66, the applicant received an honorable discharge and was transferred to the Air Force Reserve (USAFR).  He was credited with four years of total active service, including six months and five days of Foreign Service.

On 30 Jul 68, the applicant received an honorable discharge from the USAFR, effective 29 Jun 68.

On 21 Mar 83, the National Personnel Records Center (NPRC) verified the applicant is entitled to the VSM.

In a letter dated 21 Jun 16, AFPC/DPAPP notified the applicant that they were able to verify and confirm that he had “boots on ground” in foreign service time in the Republic of Vietnam.  However, they were unable to determine the exact amount of time of service in the Republic of Vietnam.  DPAPP advised the applicant that the Foreign Service time reflected on his DD Form 214 is correct, therefore a correction is not needed.

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

AIR FORCE EVALUATION:

AFPC/DP3SP makes no recommendation but request the Board make a decision based on the merits of the case.  DP3SP were able to verify Foreign Service in Vietnam; however, they were unable to determine the exact, dates, location or amount of time of service in the Republic of Vietnam.  While it appears as though the applicant could have been deployed to the area of responsibility, DP3SP is unable to verify award of the VSM and the VCM as the first page of the AF Form 7 does not reflect exact locations of his Southeast Asia (SEA) temporary duty.  During Vietnam, locations in the region not in the area of responsibility for award of the VSM, such as the Philippines, Taiwan, and Guam, were sometimes referred to as Southeast Asia.  If the Board finds in favor of the applicant's contended deployment location, he would be eligible for award of the VSM with one Bronze Service Star and the VCM.

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 8 Aug 16 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; 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.  After a thorough review of the available evidence and the applicant’s complete submission, we are not persuaded his records should be corrected to reflect award of the VSM and VCM.  In this respect, we note the applicant’s AF Form 7 and the NPRC indicates he was awarded the AFEM and the VSM; however, as noted above, service members who earned the AFEM for service in Vietnam between 1 Jul 58 and 3 Jul 65 may elect to receive the VSM instead of the AFEM.  However, no service member may be issued both medals for service in Vietnam.  If the applicant wants to be considered for award of the VSM for his service in Vietnam instead of the AFEM, he must complete Standard Form 180, Request Pertaining to Military Records.  In Section II, Item 1 of the form, he should enter “Exchange AFEM for VSM, AFBCMR BC-2015-04438 Correction” in the “Other (Specify)” section.  Although the Standard Form 180 will instruct the applicant to send the form to the National Personnel Records Center, he should instead send the form directly to AFPC/DP3SP, 550 C Street West, Ste 12, JBSA Randolph AFB TX 78250-4714 to expedite his request.  With respect to the applicant’s request for award of the VCM, there is no documentation in the applicant’s records nor did he provide any that indicates the exact, dates, location or amount of time of service in the Republic of Vietnam to verify his eligibility.  As such, we conclude the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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-2015-04438 in Executive Session on 13 Dec 16 under the provisions of AFI 36-2603:

				    , Panel Chair
					   , Member
				  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAPP, dated 21 Jun 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 25 Jul 16.
	Exhibit E.  Letter, AFBCMR, dated 8 Aug 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 pertaining to AFBCMR Docket Number BC-2015-04438.