RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01757 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His records be corrected to reflect award of the Vietnam Campaign Medal (VCM). 2. His records be corrected to reflect award of the Armed Forces Expeditionary Medal (AFEM). 3. His records be corrected to reflect award of the Vietnam Service Medal (VSM) (Administratively Corrected). 4. His records be corrected to reflect Foreign Service in Vietnam (Administratively Corrected). APPLICANT CONTENDS THAT: His DD Form 214, Report of Separation from Active Duty, is incorrect. Between 25 May 70 and 23 Jun 72, he flew on 27 missions and 105 sorties in Vietnam and Indochina. In support of his requests, the applicant provides copies of his DD Form 214; an AF Form 1712, Uniform Military Personnel Record (UMPR), indicating he was awarded the AFEM, VSM, and VCM; an Aeronautical Order (AO), dated 25 May 70, indicating he was designated as a crew member and was required to participate in aerial flights for an indefinite period and various other documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, on 10 Dec 69, he entered the Regular Air Force. On 9 Jan 75, the applicant received an honorable discharge, and was credited with five years and one month of total active service. The applicant was not credited with any Foreign Service. In a letter, dated 25 Nov 15, AFPC/DPAPP notified the applicant that they were able to verify and confirm that he had “boots on ground” in foreign service time in Vietnam and Thailand on 3 Jun 71 and the Philippines and Thailand, on 23 Mar 72. DPAPP advised the applicant that his foreign service would be administratively corrected to reflect 0 years, 0 months, and 2 days on his DD Form 214, instead of 0 years, 0 months, and 0 days and a copy of the DD Form 214 will be mailed to him (Exhibit G). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D and H. AIR FORCE EVALUATION: In an advisory dated 10 Jun 14, DPAPP recommended denial of the applicant’s request for Foreign Service credit. As noted above, on 25 Nov 15, AFPC/DPAPP advised the applicant they would administratively correct his record to award foreign service. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID makes no recommendation of the applicant’s request for award of the VSM and requests the Board make a decision based on the merits of the case. While it appears as though the applicant could have participated in combat missions in the area of responsibility, his performance reports do not reflect exact locations of his combat missions in Southeast Asia. Also during Vietnam, locations not in the area of responsibility for award of the VSM, such as the Philippines, Taiwan, and Guam, were sometimes referred to as Southeast Asia, so without the exact location listed, DPSID was unable to verify award of the VSM. Additionally, DPSID recommends denial of the applicant’s request for award of the VCM and AFEM. DPSID was unable to locate official documentation to verify the applicant contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months for award of the VCM, regardless if he was in the area of eligibility or not. There is no operation in the Vietnam conflict area of eligibility between 25 May 70 and 23 Jun 72 for which the Armed Forces Expeditionary Medal is authorized as the Vietnam Service Medal was established and is the appropriate award for service during the timeframe in which the applicant contends to have been in Vietnam. Therefore the applicant's dates of service in Southeast Asia are outside the time frame for approved operations for award of the AFEM. The applicant has provided a copy of Uniform Military Personnel Record (AF Form 1712), dated 8 Nov 73 which indicates VSM, AFEM and VCM under the awards section; however, DPSID was unable to determine the applicant met the criteria for these awards. The AFEM is awarded to members of the armed forces of the United States who after 1 Jul 58 participate, or have participated as members of the U.S. military units in a military operation in which Service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. The members must encounter during such participation foreign armed opposition, or are otherwise placed, or have been placed, in such a 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. The members must be engaged in direct support for 30 consecutive days in the area of operations (or the full period if the operation is less than 30 days) or 60 nonconsecutive days provided this support involves the area of operations. 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. The VCM is awarded to members of the Armed Forces of the United States who between 1 Mar 61 and 28 Mar 73, served for 6 months in South Vietnam during this period; served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months. The applicant should have been awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). Upon the Board’s final decision, administrative correction of the applicant’s record will be completed by AFPC/DPSOR. A complete copy of the AFPC/DPSID evaluation, with attachment, is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant continues to assert that he served in Vietnam. In support of his response, the applicant provides copies of a DD Form 114, Military Pay Order, dated 6 Jun 72; travel voucher, and flight records, all of which he asserts indicates he served as a Load Master in Vietnam. The applicant’s complete submission, with attachments, is at Exhibit F. ADDITIONAL AIR FORCE EVALUATION: AFPC/DP3SP recommends denial of the applicant’s request for award of the VCM indicating they were unable to locate official documentation verifying the applicant served for an aggregate of six months in the area of eligibility for award of the VCM. However, DP3SP were able to verify Foreign Service in Vietnam. DP3SP also recommends denial of the applicant’s request for award of the AFEM. The applicant's dates of service in Vietnam were on 3 Jun 71 and 23 Mar 72, the award inclusive period for operations in Vietnam for award of the AFEM is 1 Jul 58 through 3 Jul 65, the applicant's dates of service in Vietnam are past the award inclusive period for award of the AFEM for operations in Vietnam. An additional review of the applicant's request was conducted based upon the applicant's rebuttal and additional review by the Air Force Personnel Center, Directorate of Assignments. The review of the applicant’s records revealed that he should have been awarded the VSM with one Bronze Service Star (VSM w/1BSS) and his official military personnel records will be administratively corrected by AFPC/DP2STM. A complete copy of the AFPC/DP3SP evaluation, with attachment, is at Exhibit H. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Feb 16 for review and comment within 30 days (Exhibit I). 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. 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 excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the available evidence and the applicant’s complete submission, we are not persuaded his records should be corrected to reflect award of the VCM and AFEM. While we note the applicant has provided a copy of his AF Form 1712 indicating he was awarded the VCM and the AFEM, there is no documentation in the applicant’s records that indicates he served an aggregate of six months in the area of eligibility for award of the VCM. With respect to the AFEM, the applicant's dates of service in Vietnam are outside the award inclusive period for award of the AFEM for operations in Vietnam. As such, we are not persuaded the applicant has provided sufficient documentation to show that he is eligible for award of the VCM and AFEM. Therefore, we agree with the opinions and recommendations of AFPC/DPSID and AFPC/DP3SP and adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of either an error or injustice. Therefore, aside from the administrative corrections noted above, we find no basis to recommend granting the additional relief sought in 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-2015-01757 in Executive Session on 22 Mar 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01757 was considered: Exhibit A. DD Form 149, dated 22 Apr 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPAPP, dated 10 Jun 15. Exhibit D. Memorandum, AFPC/DPSID, dated 22 Sep 15, w/atch. Exhibit E. Letter, AFBCMR, dated 29 Oct 15. Exhibit F. Letter, Applicant, dated 4 Nov 15, w/atchs. Exhibit G. Memorandum, AFPC/DPAPP, dated 25 Nov 15, w/atch. Exhibit H. Memorandum, AFPC/DP3SP, dated 11 Jan 16, w/atch. Exhibit I. Letter, AFBCMR, dated 16 Feb 16. 4