RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04429 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be updated to show his service in Vietnam between Nov 72 and Jan 74. By amendment at Exhibit E, his DD Form 214 be corrected to reflect the Vietnam Service Medal (VSM) and the Armed Forces Expeditionary Medal (AFEM). APPLICANT CONTENDS THAT: There is nothing on his DD Form 214 that reflects his Vietnam service. In support of this request, the applicant provided a copy of his DD Form 214 and a copy of an AF Form 910, TSgt, SSgt, and Sgt Performance Report. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 15 Apr 69. On 19 Nov 73, the applicant’s record was updated with an AF Form 910 with inclusive dates of 19 Nov 72 through 18 Nov 73. This report reflected his Organization, Location and Command as 432 OMS, Udorn, Thailand (PACAF). On 14 Oct 75, the applicant was furnished an Honorable discharge, and was credited with six years and six months of active service. The applicant’s DD Form 214, dated 14 Oct 75, Block 15f, Foreign and/or Sea Service this Period, reflects one year and two days and Block 19, Indochina or Korea service since August 5, 1964 is checked “Yes” and reflects “367 days”. The applicant’s multiple DD Form 214s also reflect the following Air Force Medals and/or Ribbons: - National Defense Service Medal - Air Force Good Conduct Medal - Air Force Longevity Service Award The VSM is 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. A service star (bronze or silver) is authorized for each campaign. A Bronze Service Star (BSS) is authorized for the Vietnam Cease-Fire Campaign for the period 30 Mar 72 through 28 Jan 73. It shall be worn on the VSM for one or more days of participation in each designated campaign phase. The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) was awarded by the Republic of Vietnam to certain units of the Armed Forces of the United States for valorous combat achievement during the Vietnam Conflict, between 1 Mar 61 and 28 Mar 73. There are no authorized devices. According to the Air Force Personnel Center, Awards and Decorations office, the RVNGC with Palm is awarded to all subordinate units of the Military Assistance Command, Vietnam. Therefore, if an Airman was awarded the Vietnam Service Medal (VSM) or Republic of Vietnam Campaign Medal (RVCM), they also meet the eligibility criteria to be awarded the RVNGC w/P. The AFEM may be awarded to members of the Armed Forces of the United States who, after 1 July 1958, participate, or have participated, as members of United States military units in a United States Military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; encounter, incident to such participation, foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria: Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice. After a thorough review of the applicant’s official military personnel record they were able to verify and confirm Foreign Service and “Boots on Ground” at Udorn AFB, Thailand; but unable to confirm any Foreign Service in Vietnam. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant clarified his original request and now requests his DD Form 214 be corrected to include the award of the Vietnam Service Medal (VSM) and Armed Forces Expeditionary Medal (AFEM). In support of his request, the applicant provided an excerpt of his electronic record, dated 21 Feb 74, in which Section 7, Awards, lists the “VSM”. Under Section 8, Foreign Service Tours, it lists “21 Jan 73, 12 Months, 22 Jan 74”. The applicant’s complete response, with attachments, 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. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; however, it is in the interest of justice to waive the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to service in Vietnam and the AFEM. We took notice of the applicant's complete submission, to include his rebuttal comments, 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 or injustice. With regard to the AFEM, we note the window of eligibility for award of the AFEM is between 1 Jul 58 through 3 Jul 65 and the applicant did not arrive in the area of responsibility until Nov 72. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this portion of his application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with regard to the VSM, with one Bronze Service Star (BSS). Based on our review of the evidence before us, we believe it is more likely than not that the applicant served in Thailand for the requisite time to qualify for the basic award of the Vietnam Service Medal (VSM). In this respect, we note that Block 4, Organization, Location and Command, of the applicant’s AF Form 910, rendered for the period 19 Nov 72 through 18 Nov 73, indicates he was stationed in Thailand. Therefore, in view of the fact that he served more than 30 consecutive days in Thailand, we believe he is entitled to the basic award. Furthermore, because the applicant was present during the Vietnam Cease-Fire Campaign (30 Mar 72 through 28 Jan 73) he is also be entitled to a Bronze Service Star (BSS) device for the VSM. Finally, the Board also notes that based on Air Force Personnel Center, Awards and Decorations guidance, airmen awarded the VSM, are also eligible for award of the Republic of Vietnam Gallantry Cross with Palm. Therefore, we recommend his records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the DD Form 214, Report of Separation from Active Duty, issued on 14 October 1975, be amended to include the Vietnam Service Medal with one Bronze Service Star and the Republic of Vietnam Gallantry Cross with Palm. The following members of the Board considered AFBCMR Docket Number BC-2014-04429 in Executive Session on 25 Aug 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04429 was considered: Exhibit A. DD Form 149, dated 11 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPAPP, dated 15 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 17 Feb 15. Exhibit E. Letter, Applicant, dated 27 Feb 15, w/atch.