RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04750 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he was awarded the following: a. The Vietnam Campaign Medal (VCM). b. The Armed Forces Expeditionary Medal (AFEM) with one Bronze Service Star (BSS). ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He is entitled to the VCM due to his service in Vietnam. He already has the Vietnam Service Medal with four Bronze Service Stars (VSM w/4 BSS). One of his TDYs to Vietnam was extended for a total of 120 days, which gave him a total of over six months in Vietnam. 2. He is entitled to the AFEM w/1BSS for his service in Korea because he deployed to Korea on two different occasions. He already has the Korean Defense Service Medal (KDSM). The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant initially entered the Air Force on active duty on 10 May 68. On 7 May 72, the applicant was honorably discharged for the convenience of the Government and was credited with 3 years, 11 months, and 28 days of total active service, to include 2 years, 10 months, and 14 days for foreign service. On 21 Jun 13, the AFPC/DPSIR issued a DD Form 215, Correction of DD Form 214, correcting the applicant’s records to reflect he was awarded the AFEM (Korea) and AFOUA w/V & 3BOLC. The Vietnam Campaign Medal (VCM) is the Republic of Vietnam’s own version of the VSM and is a separate foreign award that was authorized by the Department of Defense for acceptance and wear by Service members. There is no prohibition from Service members being awarded both the VSM and VCM. The VCM is awarded to members of the armed forces of the United States who: 1) Served for six months in South Vietnam during the period 1 Mar 61 to 28 Mar 73; 2) Served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN armed forces for an aggregate of six months. Only members of the armed forces of the United States who meet the criteria established for the AFEM (Vietnam) or VSM during the period of service required are considered to have contributed direct combat support to the RVN armed forces; 3) Did not complete the length of service required in item (1) or (2) above, but who, during wartime, were: a) wounded by the enemy (in a military action); b) captured by the enemy during action or in the line of duty, but later rescued or released; c) killed in action or in the line of duty; 4) Were assigned in Vietnam on 28 Jan 73, and who served a minimum of 60 calendar days in Vietnam during the period 29 Jan to 28 Mar 73. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the VCM indicating there is no evidence of an error or injustice. The VCM is awarded to members of the Armed Forces of the United States who, between 4 Jul 64 and 28 Mar 73, served 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. According to the Air Force Personnel Center, Directorate of Assignments, the applicant served in the area of eligibility for 4 months and 15 days, rendering him ineligible for award of the VCM. There is no documentation in the applicant’s record, nor did he submit any evidence, which indicates he served the six months required to qualify for the VCM. The AFEM is normally awarded only for operations for which no other United States campaign medal is approved. The applicant qualifies for the AFEM by reason of service between 1 Oct 66 and 30 Jun 74, in an area for which the KDSM was subsequently authorized, and is eligible for both the AFEM and KDSM as a one-time exception to policy. However, to be eligible for a bronze service star for the AFEM he would have had to serve in another operation outside the area of eligibility in Korea. After a thorough review of the applicant’s official records, the applicant is qualified for award of the AFOUA w/V & 3BOLC. The applicant’s DD Form 214 will be administratively corrected to add the AFEM and two additional BOLCs to his AFOUA, but not the requested VCM or the bronze service star for the AFEM. A complete copy of the AFPC/DPSID 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 24 Jun 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 with respect to the applicant’s requests for the Vietnam Campaign Medal (VCM) and Armed Forces Expeditionary Medal (1OLC). 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note the applicant’s records are being administratively corrected to reflect the award of the AFEM (basic award) and credit him with two additional BOLCs for his AFOUA. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively. ________________________________________________________________ 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-2012-04750 in Executive Session on 25 Jul 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04750 was considered: Exhibit A. DD Form 149, dated 6 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 13. Exhibit D. Letter, AFBCMR, dated 24 Jun 13.