RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04546

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was awarded the Vietnam Service Medal.

In the alternative, the applicant requests he be awarded the Armed Forces Expeditionary Medal.

APPLICANT’S CONTENTIONS

He served a short tour in XXXX, XXXX from Mar 75 to Apr 76.  These dates coincide with Operation FREQUENT WIND (Apr 75) and qualifies for the Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Ribbon. 

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 from 30 Jul 73 to 31 Jul 93.  He is credited with 7 years, 4 months, and 3 days of Foreign Service.

APPLICABLE AUTHORITY

The Republic of Vietnam Gallantry Cross with Palm Ribbon is awarded to units of the armed forces for valorous combat achievement during the Vietnam War from 1 Mar 61 to 29 Mar 73.

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.

Operation FREQUENT WIND for the period 29 and 30 Apr 75, 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 Apr 75 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  No service member may be issued both medals for service in Vietnam.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the award of the Vietnam Service Medal.  The applicant’s dates of service are past the award authorization dates for award of the Vietnam Service Medal. The Vietnam Service Medal 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.  The applicant’s dates of service were from 30 Jul 73 to 31 Jul 93.  

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 Nov 20 for comment (Exhibit D), and the applicant replied on 15 Dec 20.  In his response, the applicant contends he is not seeking the VSM for the initial period of the war as stated in the advisory dated 16 Nov 20.  He was assigned to XXXX from Feb 75 until Feb 76, and understood the war was still on-going.  He supported a variety of aircraft that supported the combat mission that was still on-going in Vietnam, Cambodia, and Laos.  Additionally, all who served at XXX after the official dates were as involved in the Vietnam War as those who served earlier.  Furthermore, they were all exposed to the dioxins used in the defoliants to clear the jungles in Vietnam and all of the base perimeters in Thailand, including XXXX.  Finally, if he cannot be awarded the VSM after due consideration, he requests consideration for the Armed Forces Expeditionary Medal in exchange for the VSM.

The applicant’s complete response is at Exhibit E.

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/DP3SP regarding award of the Vietnam Service Medal and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In addition, the applicant has not provided evidence that he supported Operation FREQUENT WIND; therefore he does not meet the criteria for award of the Armed Forces Expeditionary Medal.  Finally, the applicant does not qualify for the Vietnam Gallantry Cross with Palm Ribbon since his service dates are beyond the award period. 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-2019-04546 in Executive Session on 27 May 21:

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 4 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 16 Nov 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 Nov 20.
Exhibit E:	Applicant’s response, dated 15 Dec 20.

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.