RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01529
	XXXXXXX	COUNSEL: NONE
		HEARING DESIRED:  NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be entitled to the Republic of Vietnam Service 
Commemorative Medal.

2.  He be entitled to the Vietnam Service Medal (VSM).

3.  In response to the Air Force evaluation, the applicant 
amended his request to include award of the Armed Forces 
Expeditionary Medal (AFEM).

________________________________________________________________

APPLICANT CONTENDS THAT:

His service in Thailand and Laos entitle him to the 
aforementioned decorations.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The AFEM is awarded to members of the United States Armed Forces 
who, after 1 Jul 1958, have participated in a United States 
military operation and encountered foreign armed opposition, or 
were in danger of hostile action by foreign Armed Forces. 
Service members must have been directly assigned or detailed to 
a unit that participated in or engaged in direct support of the 
specified operation for 30 consecutive or 60 non-consecutive 
days provided the support entered the designated Area of 
Eligibility.  Service members who earned the AFEM for service in 
Vietnam between 1 July 1958 and 3 July 1965 may elect to receive 
the VSM instead of the AFEM. However, no service member may be 
issued both medals for service in Vietnam.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that the VSM is 
awarded to all service members of the Armed Services who between 
4 Jul 1965 and 28 Mar 1973, served in the following areas of 
Southeast Asia: Vietnam and the contiguous waters and airspace; 
in Thailand, Laos, or Cambodia or the airspace thereof and in 
the direct support of military operations in Vietnam for 
30 consecutive days or 60 non-consecutive days.  The applicant’s 
dates of service in Thailand from 8 Jul 1973 to 8 Jul 1974 are 
after the award inclusive dates for award of the VSM; therefore, 
rendering him ineligible for the VSM.

With regard to his request for entitlement to the Republic of 
Vietnam Service Commemorative Medal; this award is primarily a 
celebratory display medal rather than an official award or 
decoration of the United States Air Force and Department of 
Defense and is not awarded or issued by the United States 
government.  To grant the applicant relief would be contrary to 
the eligibility criteria established by DoDM 1348.33, Manual of 
Military Decorations and Awards.

After a thorough review of the applicant's official military 
personnel record, DPSID was able to verify award of the Air 
Force Outstanding Unit Award (AFOUA).  Upon the final Board 
decision, administrative correction of his official military 
personnel record will be completed by AFPC/DPSOR.

The complete DPSID evaluation, with attachment, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was under the impression the AFEM was awarded to personnel 
assigned in Southeast Asia and he was there.

The applicant’s complete response is at Exhibit E.

________________________________________________________________

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 regarding the 
applicant’s request for entitlement to the VSM and the Republic 
of Vietnam Service Commemorative Medal.  We took notice of the 
applicant's complete submission in judging the merits of the 
case, to include his response to the Air Force advisory.  
However, we agree with the opinion and recommendation of the Air 
Force Office of Responsibility (OPR) and adopt its rationale as 
the basis for our conclusion the applicant has not been the victim of an error or injustice.  Regarding the applicant’s 
request for entitlement to the AFEM, he has not provided sufficient evidence to show that he met the criteria for award 
of the AFEM.  Therefore, we conclude the applicant has failed to sustain his burden of proof that he has been the victim of an 
error or injustice.  Additionally, we note the OPR will administratively correct the applicant’s records to reflect his 
entitlement to the AFOUA.  Aside from the administrative correction noted above, we find no basis to recommend the relief sought in this application.

________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered this application in Executive Session on 17 Dec 2013, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR BC-2013-01529 was considered:

    Exhibit A.  DD Form 149, dated 25 Mar 2013.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 13 May 2013, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 31 May 2013.
    Exhibit E.  Letter, Applicant, undated.
8 9