RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00692

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

He be awarded the Vietnam Service Medal (VSM).

APPLICANT’S CONTENTIONS

As a KC-135 aircrew member (Inflight Refueling Operator), he flew operational missions out of U-Tapao, Royal Thai Navy Airfield, Thailand, between the period 1973 and 1975.  These missions were over Laos, Cambodia, and South Vietnam, supporting the South Vietnamese Army and Air Force.  However, he did not receive the VSM because ground troops were pulled out of Vietnam in 1973.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force sergeant (E-4).

On 3 May 73, the applicant entered the Air Force.

On 1 Dec 76, the applicant was honorably discharged, having served 3 years, 7 months, and 7 days of active service, including 3 months and 25 days of Foreign Service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

APPLICABLE AUTHORITY/GUIDANCE

Per DoDI 1348.33, DoD Military Decorations and Awards Program, Paragraph 19.2:  To maintain the integrity and prestige of DoD’s Military Decorations and Awards Program, substantiating evidence (official or unofficial) must show that the Service member’s service, actions, or condition met the applicable military decoration’s associated award criteria. Determinations regarding decoration eligibility will be based on verifiable facts and not on subjective opinions or hearsay.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request to correct his military service record to reflect service in Thailand.  A review of his Master Personnel Records and documentation submitted failed substantiate Foreign Service in Thailand.  

The complete advisory opinion is at Exhibit C.

AFPC/DP3SP recommends denying the applicant’s request for award of the VSM.  Per Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A15.2: The VSM is awarded to any member of the U.S. Armed Forces serving in Vietnam, contiguous waters, or air space, including service in Thailand, Laos, Cambodia, or their air space, on or after 4 Jul 65 through 28 Mar 73. In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same 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.  The applicant’s dates of active duty service were from 3 May 73 to 1 Dec 76, which are past award inclusive dates for award of the VSM. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copies of the advisory opinions to the applicant on 8 Feb 22 for comment (Exhibit E), and the applicant replied on 21 Feb 22.  In his response, the applicant contended he was flabbergasted AFPC/DP3AM could not locate flight manifests, orders, or anything that could verify his time at U-Tapao, Royal Thai Navy Airfield, Thailand, flying the Young Tiger missions.  He briefly discusses supporting the ARC LIGHT and FREQUENT WIND missions evacuating Saigon, to include naming some of the crewmembers.  He opines the aerial refueling bomber and fighter aircraft missions flown over Laos, Cambodia, and South Vietnam were likely kept a secret, as they did not want Congress to stop the operational support.  He and others flying these missions were never given the appropriate recognition or medals they deserved.  

The applicant’s complete response is at Exhibit F.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3AM and AFPC/DP3SP, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the applicant’s official records revealed his dates of active duty service from 3 May 73 to 1 Dec 76, were past the eligibility dates for award of the VSM, which are from 4 Jul 65 through 28 Mar 73.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.
RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-00692 in Executive Session on 30 Jun 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 13 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 16 Aug 21.
Exhibit D:	Advisory Opinion, AFPC/DP3SP, dated 2 Oct 21.
Exhibit E:	Notification of Advisory, SAF/MRBC to Applicant, dated 8 Feb 22.
Exhibit F:	Applicant’s Response, dated 21 Feb 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.