RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04269

XXXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Report of Separation from Active Duty, be corrected to reflect the following awards:

a.	Air Force Commendation Medal with one Bronze Oak Leaf Cluster 
b.	Armed Forces Expeditionary Medal 

APPLICANT’S CONTENTIONS

He feels he is eligible for the Armed Forces Expeditionary Medal based upon a 90-day temporary duty (TDY) assignment in Korea.  In addition, he is also eligible for the Air Force Commendation Medal with one Bronze Oak Leaf Cluster for service in support of the evacuation of Saigon, Republic of Vietnam, in 1975.  He believes he was overlooked for the Armed Forces Expeditionary Medal as he was TDY and he was discharged before the Air Force Commendation Medal with one Bronze Oak Leaf Cluster was awarded.

In support of his request, he provides the following documents (1) Air Force Commendation Medal  Citation for the period 6 Feb 75 to 4 Mar 75, for outstanding achievement at Forward Operating Location (FOL) U-Tapao Royal Thai Air Force Base, Thailand; (2) AF Form 626, Request and Authorization for Temporary Duty, Special Order XXXX, dated 22 Apr 74, Clark AB, Philippines, to Kunsan AB, Korea, and return to Clark AB, Philippines, for approximately 90 days effective on or about 24 Apr 74; and (3) AF Form 626, Special Order XXXXX, dated 10 Apr 75 from Clark AB, Philippines, to U- Tapao Airfield, Thailand, for approximately 30 days effective on or about 3 Apr 75.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5). 

On 14 Oct 71, according to DD Form 214, the applicant entered the Regular Air Force. 

On 7 Dec 74, AF Form 910, TSgt, SSgt and Sgt Performance Report, was signed by the Reporting Official, for the period of 3 Dec 73 – 2 Dec 74, and contains the following statement: “During his TDY assignment to…Forward Operating Location in Thailand…”  

On 18 Apr 75, AF Form 910, was signed by the Reporting Official, for the period 3 Dec 74 – 15 Apr 75, and contains the following statement: “He is frequently deployed to our FOL in Thailand…”  

On 12 Dec 75, the applicant was released from active duty and transferred to the Air Force Reserve.  Item 26, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, reflects: AFCM SOG-8, HQ 2AF, 16 Jan 74// NDSM AFM 900-3// AFGCM (14 Oct 71 - 13 Oct 74) AFM 900-3. He was credited with 2 years, 3 months, and 3 days of Foreign Service.

On 28 May 20, the Air Force Personnel Center (AFPC) Recognition Team informed the applicant they were unable to verify award of the Air Force Commendation Medal with one Oak Leaf Cluster and the Armed Forces Expeditionary Medal.  They advised him that in order to reasonably consider his request for the award of the Air Force Commendation Medal with one Oak Leaf Cluster, he needed to submit a complete decorations package to include: a signed recommendation from someone with firsthand knowledge of the act/achievement; a proposed citation; eyewitness statements; and a narrative which must be signed by the recommending official (recommending official must be in the applicant’s chain of command and have firsthand knowledge).  They also advised him that although he may have provided documents for his service in Korea, these documents do not provide verification of his request for the Armed Forces Expeditionary Medal and requested he provide additional source documents placing him in the area of responsibility.  They informed the applicant if they did not receive additional documents pertaining to his request within 30 days, his case would be referred to the Board.  

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

APPLICABLE AUTHORITY

Department of Defense Instruction 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), which establishes and implements policy for the preparation and distribution of the DD Form 214, does not include a provision for update of TDY assignments/locations on the DD Form 214.  AFI 36-2110, Total Force Assignments, states; use a combination of the following documents to verify completed TDY assignments: travel vouchers, PCS orders, decoration citations, enlisted or officer performance reports and records review Report on Individual Personnel.  

Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program.  The Air Force Commendation Medal.  The medal was established by the Secretary of the Air Force, 24 Mar 58 and announced in Department of the Air Force General Orders No. 16, 28 Mar 58. The medal is awarded to any Service member, or to any member of the armed forces of a friendly foreign nation, who has distinguished himself or herself by meritorious achievement or service, valor or heroism.

The Armed Forces Expeditionary Medal is awarded to members of the U.S. Armed Forces who, after 1 Jul 58, 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. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration), or for 60 nonconsecutive days provided the support involved entering the area of operations or met one or more of the following criteria: be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area.  The following are qualifying operations for the Armed Forces Expeditionary Medal.

Dates	Operation	
1   Oct 66  - 30 Jun 74	Korea	
29 Mar 73 - 15 Aug 73	Thailand	
29 Apr 75 -  30 Apr 75	Vietnam	

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After a thorough review of the applicant’s official military records, and documentation provided by the applicant, they were unable to verify the award of the Air Force Commendation Medal with one Bronze Oak Leaf Cluster and the Armed Forces Expeditionary Medal.  Even though the applicant provided a citation for the Air Force Commendation Medal, they were unable to verify the authenticity as no signed certificate or orders were provided.  Additionally, they could not verify the applicant’s eligibility for the Armed Forces Expeditionary Medal, as they could not verify a TDY to any Armed Forces Expeditionary Medal authorized operations.  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 C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 5 Nov 21 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.  While the applicant provided TDY orders with his submission, as noted above, TDY orders alone are not sufficient evidence the applicant was actually TDY.  The Board also reviewed the applicant’s AF Forms 910; however, they are also not sufficient evidence he qualifies for the Armed Forces Expeditionary Medal.  Furthermore, as noted by AFPC/DP3SP, the Air Force Commendation Medal citation provided by the applicant is not signed and cannot be authenticated; therefore, the Board concurs with the recommendation of AFPC/DP3SP and finds the preponderance of the evidence does not substantiate the applicant’s contentions.  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.

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-2019-04269 in Executive Session on 21 Apr 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/atchs, dated 21 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 10 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 5 Nov 21.

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.