RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04779

	COUNSEL:  

	HEARING:  NO

APPLICANT REQUESTS THAT:

That he be awarded the Vietnam Service Medal (VSM) with Bronze Service Star.

APPLICANT CONTENDS THAT:

He flew over Vietnam air space during the period 29-30 April 1975 in support of Operation FREQUENT WIND.  However, he was unaware the VSM was awarded to crewmembers who flew missions over Vietnam air space.  In addition, he also meets the criteria for the Bronze Service Star based on his participation in Operation FREQUENT WIND.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 8 February 1973 to 31 January 1993.  According to AFI 36-2803, The Air Force Military Awards and Decorations Program, Operation FREQUENT WIND is a qualifying military operation for the Armed Forces Expeditionary Medal (AFEM).  The applicant was awarded the Air Medal for his participation in Operation FREQUENT WIND during the period 29-30 April 1975.  His DD Form 214 indicates he also earned the AFEM.  Public Law 107-314, Section 542, allows the option to convert the AFEM awarded for Operation FREQUENT WIND to the VSM.  For more information, see the documentary evidence, including excerpts from official records at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  The VSM is awarded to any United States Armed Forces service member who served in Vietnam, contiguous waters, or air space, including service in Thailand, Laos, Cambodia, or their air space, on or after 4 July 1965 through 28 March 1973.  A service star [bronze or silver] is authorized for each campaign phase.  It appears the applicant received the AFEM for his service in Vietnam.  Service members who earned the AFEM for Operation FREQUENT WIND may elect to receive the VSM instead of the AFEM.  However, no member may be issued both medals.  The applicant may exchange the AFEM for the VSM.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 December 2017 for comment (Exhibit D), and the applicant replied on 27 February 2018.  In his response, the applicant contended that the assumption that he received the AFEM for his service in Vietnam is completely unsubstantiated by the facts.  He was never assigned in Vietnam.  The only time he flew over Vietnam was during the period 29-30 April 1975, for which he was awarded the Air Medal.  He was awarded the AFEM for his involvement in Operation EAGLE PULL.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The applicant did not qualify for the VSM based on his service during the period 4 July 1965 through 28 March 1973.  However, his participation in Operation FREQUENT WIND during the period 29-30 April 1975 qualified him for the AFEM.  The applicant asserts that the AFEM reflected on his DD Form 214 is based on his involvement in Operation EAGLE PULL.  However, there is no evidence he participated in this military operation.  As such, the AFEM reflected on his DD Form 214 is likely for his participation in Operation FREQUENT WIND.  Public Law 107-314, Section 542, allows the option to convert the AFEM awarded for Operation FREQUENT WIND to the VSM.  Should the applicant wish to exchange his AFEM for the VSM, he should complete Standard Form 180, Request Pertaining to Military Records, and send the form to AFPC/DPSIDR, 550 C Street, Joint Base San Antonio-Randolph TX 78150.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04779 in Executive Session on 3 May 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 20 November 2016, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SP, dated 6 December 2017.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 19 December 2017.
Exhibit E¨ Applicant’s response to Exhibit C, dated 27 February 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.