RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02674

xxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

Correct his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, to reflect his Vietnam service and award of the Vietnam Service Medal (VSM).

APPLICANT’S CONTENTIONS

His service in Saigon and Da Nang, Vietnam during the period Apr 65 - Jul 65 was in support of the 45th Tactical Reconnaissance Squadron RF-101 aircraft.  He was on temporary duty from Misawa, Japan.  There were no orders cut for this service that he can locate.  They were volunteer assignments and reflecting them on his DD Form 214 is the right and just thing to do.

He had an Expeditionary Medal on his DD Form 214 and he always assumed it was for Vietnam.  However, when he applied for the VSM, he discovered it was for the Cuban Crisis when he was in the 476th Tactical Fighter Squadron supporting F-104C aircraft.  It was also at this time that he learned there was no record of his Vietnam service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman first class (E-4).

On 30 Mar 65, the applicant was awarded the Armed Forces Expeditionary Medal (AFEM) for service in Cuba for the period 20 Oct 62 - 15 Dec 62.

On 20 Jul 65, the applicant was furnished an honorable discharge and credited with 3 years, 11 months, 10 days active service, of which 2 years, 2 months, 10 days was foreign and/or sea service.

On 24 Mar 17, according to the applicant’s letter to HQ AFPC/DPS1R, he requested his AFEM be exchanged for the VSM.

On 18 May 17, according to AFPC/DP1SSP letter to the applicant, his request to exchange his AFEM for the VSM was denied.  The applicant’s award of the AFEM was for service in Cuba, and no award of the AFEM for Vietnam service could be verified.

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

APPLICABLE AUTHORITY/GUIDANCE

In accordance with Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, Attachment 15, Previous Era Campaign, Expeditionary and Service Medals:

A15.2. The VSM 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.
A15.2.1. To qualify for award of the Vietnam Service Medal a member must meet one of the following qualifications: 
A15.2.1.1. Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations. 
A15.2.1.2. Be attached to or regularly serve for 1 or more days aboard a naval vessel directly supporting military operations. 
A15.2.1.3. Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations. 
A15.2.1.4. Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations. 
A15.2.2. No person is entitled to more than one award of the Vietnam Service Medal. 
A15.2.3. Members who qualified for the Armed Forces Expeditionary Medal for reason of service in Vietnam between 1 Jul 58 and 3 Jul 65 (inclusive) remains qualified for that medal. Upon request, any such member may be awarded the Vietnam Service Medal instead of the AFEM.  In such instances, the AFEM is deleted from the list of authorized medals in personnel records.  No person is entitled to both awards for service in Vietnam.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request to add Republic of Vietnam service to his DD Form 214.  The information provided and the Master Personnel Records did not contain information that reflects the applicant served in the Republic of Vietnam.  Foreign service boots-on-ground was confirmed for Japan, but no foreign service in the Republic of Vietnam could be verified.

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 May 22 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 concurs with the rationale and recommendation of AFPC/DP3AM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board notes although the  applicant’s Foreign Service in Japan could be verified, his service in  the Republic of Vietnam could not be verified.  As such, he does not qualify for the VSM. 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-2021-02674 in Executive Session on 18 Aug 22 and 15 Sep 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 20 Jul 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 17 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 May 22.

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.