RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02729

xxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

1.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect:
a. His Armed Forces Expeditionary Medal (Korea) be changed to the Vietnam Service Medal or Republic of Vietnam Campaign Medal.
b.	Award of the Air Force Outstanding Unit Award with Combat “V”
c.	Award of the Air Force Organizational Excellence Award
d.	Award of the Republic of Vietnam Gallantry Cross with Palm (pending administrative correction)
e.	Block 30. Remarks to change “VIETNAM-No” to “VIETNAM-Yes” (pending administrative correction)

2.  His AF Form 7, Airman Military Record, be updated to show his Philippine duty station time along with the Permanent Change of Station (PCS) to the XXXXXXXXXX.

APPLICANT’S CONTENTIONS

During his first XXXXXXXX XXXXXXX temporary duty (TDY), starting 29 Sep 69 and ending 5 Jan 69 (sic), he flew 12 of 43 combat support sorties from XXXXXXX over the Sea of Japan during two rotations totaling 17 of the total TDY 99 days.  The balance of the TDY was at XXXXXXXX, XXXXXX.  Furthermore, his second  TDY 37 combat missions were flown exclusively from XXXXXXX.  His Armed Forces Expeditionary Medal (AFEM) (Korea) should be replaced to show service in the Vietnam Era War.  Both  TDYs based at XXXXXXXXX were in direct support of military operations for the Republic of Vietnam.

The Vietnam Service Medal (VSM) now allow for Thailand veterans who flew within the defined combat zone, DoD 1348 C6.6.1.1.5., between 15 Nov 61 and 28 Mar 73 to have the VSM, replacing the AFEM (Korea).  During the first   TDY, he never landed at any United States Air Force or South Korean Air Force Base.  

While working on a Veterans Affairs medical disability claim, it was brought to the applicant’s attention his AFEM (Korea) could be changed to a VSM for participation in the following military campaigns:  Vietnam Winter-Spring 1970, 1 Nov 69-30 Apr 70 and Sanctuary Counter Offensive 1 May 70 – 30 Jun 70.  The Veterans Affairs denied his claim for exposure to Agent Orange herbicides during his two TDYs spanning 29 Sep 69-5 Jan 70 and 1 Apr 70 – 29 Jun 70.  New supporting documentation in his appeal will show differently.

It would help his appeal greatly to include a corrected DD Form 214 with his AFEM (Korea) replaced with either the VSM or Republic of Vietnam Campaign Medal, along with the Air Force Outstanding Unit Award with Combat “V”, for the 68 combat missions flown from Korat, along with the Republic of Vietnam Gallantry Cross with Palm cited in the XXXXXXX history published 20 Oct 16, as being a Vietnam War veteran.  In support of his request, the applicant provided multiple website addresses.

Finally, he was stationed at XXXXXXXX for 10 months, with a follow-on PCS to XXXXXXXXX and would like that to appear on his Airman Military Record. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

On 18 Feb 69, under Headquarters, XXXXXX Wing Aeronautical Order Number, 39, the applicant, XXXXXXXX, this station, was designated “…as a crew member per para 5-6a, AFM 35-13, and requiring him to participate frequently and regularly in aerial flights for an indefinite period effective 3 Feb 69…”

On 25 Sep 69, under AF Form 626, Temporary Duty Order – Military, Special Order No. T-1122, the applicant was directed to perform temporary duty in support of Special Project (unclassified nickname COLLEGE EYE), effective on or about 29 Sep 69 for approximately 135 days.

On 29 Sep 69, the applicant was assigned to the XXXXXXXX.

On 16 Jun 72, according to documentation provided by the applicant, he was furnished an honorable discharge, and credited with 3 years, 11 months, and 26 days active service, of which 1 year, 7 months, and 23 days was foreign and/or sea service. 

On 17 Sep 20, AFPC/DP2SSM notified the applicant, by letter, that the AF Form 7, and the governing directive, are obsolete, and no longer being used.  It does have legal historical or management value and has been filed as a permanent document in the Master Personnel Records Group.  If the Air Force Board for Correction of Military Records (AFBCMR) issues a directive, that directive will be filed with, or in place of, the AF Form 7 in the applicant’s Automated Records Management System (ARMS) record as authorization for the action taken.

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

AIR FORCE EVALUATION

AFPC/DP1SSP recommends denying the applicant’s request for the Air Force Organizational Excellence Award and the “Valor” device for the Air Force Outstanding Unit Award.   AFPC/DP1SSP was able to verify award of the Vietnam Service Medal with three Bronze Service Stars, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Air Force Outstanding Unit Award.  However, they were unable to verify award of the Air Force Organizational Excellence Award and the Valor device for the Air Force Outstanding Unit Award.

Additionally, the applicant was given credit for a combat mission in Korea; therefore, they are unable to remove the Armed Forces Expeditionary Medal (AFEM), as it can only be swapped for the Vietnam Service Medal if it was awarded for the Vietnam Conflict. 

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 23 Jan 20 for comment (Exhibit D), and the applicant replied on 25 Jan 20.  In his response, the applicant contended he provided documents from the 5XXXXXXXX office of heraldry that lists the Air Force Outstanding Unit Awards with Combat “V” device and it lists the period of 1 Jul 70 – 30 Jun 71 as one of the awards periods.  The applicant also contended he did not have a reply from the Freedom of Information Act (FOIA) office records request to be able to support the Air Force Organizational Excellence Award.  

The applicant further contended the combat mission in Korea was flown from XXXXXXX.  There were twelve missions and he never landed anywhere in Korea.  Finally, the applicant asked if the AFEM (Korea) remained on his DD Form 214, would the additional awards be added to it.

The applicant’s complete response is at Exhibit E.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s request for the Air Force Organizational Excellence Award and the “Valor” device for the Air Force Outstanding Unit Award.   AFPC/DP3SP was able to verify award of the Vietnam Service Medal with three Bronze Service Stars, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Air Force Outstanding Unit Award.  Accordingly, the applicant’s record will be administratively corrected.  

However, they were unable to verify award of the Valor device for the Air Force Outstanding Unit Award and the Air Force Organizational Excellence Award.

Per Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, 10 June 2019: A10.4.1.  The Air Force Outstanding Unit Award is awarded to numbered units such as air forces, air divisions, wings, groups, squadrons, provisional units, and medical facilities (i.e. hospitals, clinics, medical centers (numbered or unnumbered)).  Detachments, operating locations, training sites, and Air Force elements are often included in the parent unit’s award; however, they may be considered on their own merit or identified by the parent unit to share in the award, but not both. Unnumbered units may not be nominated for the Air Force Outstanding Unit Award; however, they may be submitted for the Air Force Organizational Excellence Award. Units below squadron level are not eligible for the Air Force Outstanding Unit Award.  The applicant did not provide documentation to verify he was assigned or attached to a unit that received the award the Air Force Outstanding Unit Award (AFOUA) with Valor.

Per AFMAN 36-2806, 10 June 2019: A10.5.1.1. The Air Force Organizational Excellence Award is awarded to Air Force internal organizations that are entities within larger organizations.  The organizations are unique, unnumbered organizations or activities that perform functions normally performed by numbered wings, groups, squadrons, etc.  The following types of organizations are eligible for consideration: unnumbered organizations, such as MAJCOM headquarters, FOAs, DRUs, centers, and any other unnumbered organization; office of SECAF and CSAF, HAF Secretariat and Assistant Chief of Staff offices (i.e., all two-digit office symbol organizations on HAF); each Air Force level school, academy college, and Air Force Reserve Officers Training Corps detachments; and similar U.S. Armed Forces services organizations or activities (except DoD joint activities).  Detachments, operating locations, training sites, or Air Force elements are often included in the parent unit’s award; however, they may be considered on their own merit or identified by the parent unit to share in the award, but not both.  Unnumbered units at the squadron-level and above, may be submitted for the Air Force Organizational Excellence Award to the appropriate approval authority.  Unnumbered organizations below squadron level are not eligible for the Air Force Organizational Excellence Award.  Numbered units may not be nominated for the Air Force Organizational Excellence Award; however, they may be submitted for the Air Force Outstanding Unit Award.  The applicant did not provide documentation to verify he was assigned or attached to an organization that received the award the Air Force Organizational Excellence Award (AFOEA).

The complete advisory opinion is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Jun 20 for comment (Exhibit G), and the applicant replied on 14 Jul 20.  In his response, the applicant contended he found a book, “Air Force Combat Wings, Lineage and Honors Histories 1947-1977”, regarding the XXX AFOUA with Valor, showing the award date.  

The applicant further contended he has been a member of the Civil Air Patrol (CAP) since Jan 02, and found a CAP document, dated 2 Mar 18, noting the Air Force authorized CAP members to wear their service uniforms Sep 16, for service from 1 Oct 12 – 31 Aug 16.  It is probable the AFOEA is for CAP service, and not his regular Air Force enlistment period.

The applicant’s complete response is at Exhibit H.

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, to include applicant rebuttals, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationales and recommendations of AFPC/DP1SSP and AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Additionally, the Board acknowledges AFPC/DP2SSM input regarding the AF Form 7 being obsolete, and filed solely for legal historical purposes.  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, except for the aforementioned administrative relief, 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-2019-02729 in Executive Session on 14 Oct 20:

, 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 22 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP1SSP, dated 31 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Jan 20.
Exhibit E:	Applicant’s response, w/atch, dated 25 Jan 20.
Exhibit F:	Advisory opinion, AFPC/DP3SP, dated 2 Jun 20.
Exhibit G:	Notification of advisory, SAF/MRBC to applicant, dated 12 Jun 20.
Exhibit H:	Applicant’s response, w/atchs, dated 14 Jul 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-02729, as required by AFI 36-2603, paragraph 4.11.9.