RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03179 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) in lieu of the Armed Forces Expedition Medal (AFEM). APPLICANT CONTENDS THAT: He was stationed in Okinawa, Japan and deployed to Vietnam and would like to exchange his AFEM for the VSM. The Board should consider his untimely application in the interest of justice because the VSM is required to apply for Veteran’s Affairs Agent Orange benefits. In support of his request, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge and excerpts from Wikipedia. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 14 Aug 61, the applicant enlisted in the Regular Air Force. He served 3 years, 10 months and 5 days of total active service and is credited with 1 year, 6 months and 4 days of Foreign Service. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. Once the VSM was established, provisions were provided to authorize service members who received the AFEM for service in Vietnam to exchange the award for the VSM. However, there is no official documentation verifying the applicant met the criteria for award of the AFEM for service in Vietnam to qualify to exchange it for the VSM. There is no documentation in the applicant’s official military record to verify he was permanently assigned, attached, or detailed for one, or more days with an organization participating in or directly supporting ground (military) operations within the area of eligibility, permanently assigned, attached, or detailed for one or more, days aboard a naval vessel directly supporting military operations within the area of eligibility, participated as a crew member in one or more aerial flights directly supporting military operations within the area of eligibility or served on temporary duty for 30 consecutive days or 60 non-consecutive days within the area of eligibility; therefore, rendering the applicant ineligible for award of the VSM. To grant relief would be contrary to the criteria established by DoDM 1348.33, volume 2, Manual of Military Decorations and Awards: DoD Service Awards – Campaign, Expeditionary, and Service Medals the Secretary of the Air Force, Chief of Staff, and/or the War Department. The VSM was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 Jul 65, and before 28 Mar 73. In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the VSM. To be eligible, a service member must be permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one or more, days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive days or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations. Executive Order 11231 allows service members who earned the AFEM for service in Vietnam between 1 Jul 58 and 4 Jul 56, to exchange their AFEM for the VSM. However, no Service member may be issued both medals for service in Vietnam. The applicant was assigned to Okinawa Air Base, Japan between 17 Dec 63 and 18 Jun 65; however, Okinawa is not in the area of eligibility for award of the VSM. The National Defense Service Medal should have been awarded during the applicant’s service from 14 Aug 61 to 18 Jun 65, and was not reflected in his records. Upon final determination by the Board, DPSOR will administratively correct the applicant’s records. The complete DPSID evaluation, with attachment, is at Exhibit C. ? APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 Apr 15, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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. 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 the rationale expressed as the basis for our conclusion that relief beyond that already granted administratively is not warranted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-03179 in Executive Session on 9 Jun 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 14 Oct 14, w/atch. Exhibit D. Letter, SAF/MRBR, dated 30 Apr 15.