RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01478

	COUNSEL: NONE
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	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be awarded the Armed Forces Expeditionary Medal.

APPLICANT’S CONTENTIONS

He participated in Operation FREQUENT WIND from 29 April 1975 to 30 April 1975; therefore, he is entitled to the award. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6) who served in the Air Force from 1972 to 1993.

On 10 January 2020, AFPC/DP3AM advised the applicant that after a complete review of his official military record and the documentation provided, they were able to verify and confirm Foreign Service time in Thailand, from 15 November 1974 to 25 November 1975, for 1 year and 11 days.  The amount of Foreign Service time reflected on the DD Form 214, Certificate of Release or Discharge from Active Duty, is correct; therefore, a correction is not needed.  Since specific locations are not annotated on a member’s DD Form 214, the applicant was informed their letter could be used as proof of boots-on-ground in Thailand.

On 21 February 2020, the AFPC Recognition Team advised the applicant that after a complete review of his official military personnel record and the documentation provided, they were unable to verify award of the Armed Forces Expeditionary Medal.  The area of responsibility for Operation FREQUENT WIND is Vietnam.  Unfortunately, they were unable to verify the applicant was in Vietnam during the award period.  The Recognition Team invited the applicant to provide additional documentation that places him in the area of responsibility to support award of the Armed Forces Expeditionary Medal and was given 30-days to respond; however, as of this date they have not received any additional information.

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

APPLICABLE AUTHORITY

Executive Order 10977,  Establishing the Armed Forces Expeditionary Medal,  dated 4 December 1961; DoDM 1348.33, Volume 2, Manual of Military Decorations and Awards: DoD Service Awards-Campaign, Expeditionary, and Service Medals; AFMAN 36-2806, Awards and Memorialization Program.  

The Armed Forces Expeditionary Medal is awarded to members of the U.S. Armed Forces who, after 1 July 1958, participated in U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations.  The Joint Chiefs of Staff designates operations that qualify for the Armed Forces Expeditionary Medal, specifies the degree of participation required, and defines the area of operations.

Operation FREQUENT WIND for the period 29 and 30 April 1975, is an approved military operation that has been approved for award of the Armed Forces Expeditionary Medal.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After a thorough review of the applicant’s official military personnel record they were unable to verify award of the Armed Forces Expeditionary Medal.  To grant relief would be contrary to the criteria established by the Department of Defense and the Air Force.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 16 June 2020, for comment (Exhibit D), but has received no response.

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 finds a preponderance of the evidence does not substantiate the applicant’s contentions.  As noted above, the applicant has not provided evidence that he meets the criteria for award of the Armed Force Expeditionary Medal.  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 (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, other than administrative remedies noted above, 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 AFI 36-2603, paragraph 1.5, considered Docket Number BC-2019-01478 in Executive Session on 23 July 2020:

	,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/atchs, dated 10 March 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 30 April 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 June 2020.

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.