RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01366
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Armed Forces Expeditionary Medal (AFEM) for the period 22 Nov 66 to 30 Jun 74.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired in the grade of major on 1 Feb 1984 with 20 years and 28 days of active service.

The relevant facts pertaining to this application, extracted from the applicant's military records (Exhibit B), are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C). 
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AIR FORCE EVALUATION:

HQ AFPC/DPPPR notes the applicant was awarded the Vietnam Service Medal (VSM) with 2 Bronze Service Stars. They advise that the AFEM was only awarded for service in Vietnam during the period 1 Jul 58-3 Jul 65. Since the applicant was in Vietnam during the period 31 Aug 66-25 Aug 67, he is not eligible for the AFEM in any case. Further, he is not eligible for both the AFEM and VSM for his tour of duty in Vietnam. Denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 9 Jul 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that he should be awarded the AFEM. The applicant has not demonstrated that he served in Vietnam during the qualifying period for the AFEM. Further, according to HQ AFPC/DPPPR, he is not eligible to receive both the AFEM and the VSM for his tour of duty in Vietnam. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

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

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The following members of the Board considered this application in Executive Session on 19 September 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-01366 was considered:

   Exhibit A.  DD Form 149, dated 20 Apr 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 28 Jun 02.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 02.