RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03119 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) in lieu of the Armed Forces Expeditionary Medal (AFEM). In his response to the Air Force evaluation, the applicant amended his request to be awarded the AFEM rather than the VSM. In addition, he requests award of the Humanitarian Service Medal (HSM)- ADMINISTRATIVELY CORRECTED. ________________________________________________________________ THE APPLICANT CONTENDS THAT: His DD Form 214, Report of Separation from Active Duty, should be amended to include his service time in Vietnam because he served almost a year in Southeast Asia (SEA) in support of Operation BABYLIFT and Operation FREQUENT WIND. His service overseas, included 104 days in Thailand, 261 days in Japan, and 3 days in Vietnam; it should have been listed on his separation document. In support of his appeal, the applicant provides a copy of his DD Form 214 issued in conjunction with his 21 Jul 76 separation; aeronautical orders, travel vouchers, and other supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force, on 31 Jul 72, for a period of four years. He was progressively promoted to the grade of sergeant (Sgt/E-4). He was honorably released from active duty on 31 Jul 76 and transferred to the Air Force Reserve. He was credited with 3 years, 11 months, and 21 days, including 1 year, six months, and 10 days of foreign service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. They note that DPAPP was only able to verify the applicant served in Tan Son Nhut, Republic of Vietnam on 7 Apr 75, 9 Apr 75 and 24 Apr 75. They found no official documentation located or provided to help verify additional foreign service credit in Vietnam; therefore rendering the applicant ineligible for award of the VSM. In addition, they were not able to verify the applicant’s entitlement to the AFEM. The complete AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant believes his service in support of Operations BABYLIFT, FREQUENT WIND, and NEW LIFE, qualifies him for the requested awards. Additionally, he notes that the Department of Defense Instruction (DoDI) 1348, C6. 6. 1.1.5., also includes the dates, 29 – 30 Apr 75. In addition, he believes his service in support of Operation BABYLIFT entitles him to the award of the Humanitarian Service Medal (HSM). The applicant’s complete submission, with attachments, is at Exhibit E. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Based on the applicant’s amended request for award of the HSM, AFPC/DPSIDR revised their initial evaluation to recommend the applicant’s record be administratively corrected to include his entitlement to the HSM. However, they were not able to verify his entitlement to the VSM or the AFEM. Based on a review of the applicant’s record, they were able to verify his participation in Operation BABYLIFT. The complete AFPC/DPSIDR evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 May 2011 for review and comment within 15 days. As of this date, no response has been received by this office (Exhibit G). ________________________________________________________________ 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 warranting corrective action in regard to the applicant’s entitlement to the AFEM. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted. Therefore, we find no basis to favorably consider 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-2010-03119 in Executive Session on 28 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 29 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10. Exhibit E. Letter, Applicant, dated 30 Dec 10, w/atchs. Exhibit F. Letter, AFPC/DPSIDR, dated 5 May 11. Exhibit G. Letter, AFBCMR, dated 12 May 11.