RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02149

XXXXXXXXXX	COUNSEL: XXXXXXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Air Force records be corrected to show he was awarded the Armed Forces Expeditionary Medal for Operations EAGLE PULL and FREQUENT WIND. 

APPLICANT’S CONTENTIONS

He should have been awarded the Armed Forces Expeditionary Medal for the period 11 - 13 April 1975 for Operation EAGLE PULL and for Operation FREQUENT WIND for the period 29 - 30 April 1975, while assigned in Thailand.  Instead, he was awarded the Vietnam Service Medal in error and was unaware he was eligible for the AFEM. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Reserve first lieutenant (O-2).

DD Form 214, Report of Separation from Active Duty, shows the applicant served on active duty from 11 June 1973 to 10 June 1977.  Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Vietnam Service Medal.

DD Form 215, Correction to DD Form 214, shows the Vietnam Service Medal was deleted from block 26 of the DD Form 214. 

In a letter dated 24 June 2019, the Air Force Personnel Center, Recognition Processing Team (AFPC/DP1SSP) informed the applicant that after a thorough review of his very limited record, they were unable to verify award of the Armed Force Expeditionary Medal for Operations EAGLE PULL and FREQUENT WIND (Exhibit B).

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

APPLICABLE AUTHORITY/GUIDANCE

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 EAGLE PULL for the period 11-13 April 1975, is an approved military operation that has been approved for award of the Armed Forces Expeditionary Medal.

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

Service members who earned the Armed Forces Expeditionary Medal for Operation FREQUENT WIND between 29 and 30 April 1975 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal pursuant to Public Law 107-314, Section 542.  No service member may be issued both medals for service in Vietnam.

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 took notice of the applicant’s complete submission and Air Force guidance in judging the merits of the case, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In addition, as noted above, AFPC/DP1SSP informed the applicant they could not verify award of the Armed Force Expeditionary Medal based on his very limited records; therefore, the Board finds the applicant has not established that his record is in error.  Should the applicant provide pertinent copies of his official record, the Board may be willing to reconsider his request.  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).  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, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2019-02149 in Executive Session on 17 December 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 17 March 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.