Ao Vets With Afem

[Berta]

From Col. Dan Cedusky:

http://www.nvlsp.org/Information/ArticleLi...O-AFEMVietnam-V

ietnamServiceMedal.htm

Information for Vietnam Veterans Who Received the Armed Forces Expeditionary

Medal (Viet Nam)

Why the Armed Forces Expeditionary Medal (Viet Nam) is

Equivalent to the Vietnam Service Medal

The Vietnam Service Medal was awarded to members of the Armed Forces of the

United States serving in Vietnam and contiguous waters or air space after

July 3, 1965 and before March 28, 1973. The eligibility requirements are:

(a) Attached to or regularly serving for one or more days with an

organization participating in or directly supporting ground (military)

operations.

( Attached to or regularly serving for one or more days aboard a naval

vessel directly supporting military operations.

© Actually participate as a crew member in one or more aerial flights

directly supporting military operations.

(d) Serve on temporary duty for 30 consecutive days or 60 nonconsecutive

days. These time limitations may be waived for personnel participating in

actual combat operations.

Department of Defense Manual of Military Decorations and Awards (DoD

1348.33-M), September 1996, at C6.6, pages 50-52. See United States v.

Verdine, 41 C.M.R. 584, 586 (1969) (U.S. Army Court of Military Review takes

judicial notice of criteria for award of Vietnam Service Medal).

It is clear that the Armed Forces Expeditionary Medal (AFEM) for Viet Nam,

is an equivalent award to the Vietnam Service Medal. The AFEM for Viet Nam

was awarded as a result of a veteran's Vietnam service before the Vietnam

Service Medal was authorized (the beginning date for receipt of the Vietnam

Service Medal is July 3, 1965). The interchangeable nature of the AFEM for

Viet Nam and the Vietnam Service Medal is demonstrated in the Department of

Defense's Manual of Military Decorations and Awards, which states that those

who received the AFEM for Vietnam service could not also be issued the

Vietnam Service Medal. In addition, service members could elect to receive

the Vietnam Service Medal instead of the AFEM. The Department of Defense's

manual states:

C6.5.1.6. Election of the AFEM or Vietnam Service Medal. Service members who

earned the AFEM for service in Vietnam between July 1, 1958 and July 3,

1965, may elect to receive the Vietnam Service Medal instead of the AFEM.

However, no Service member may be issued both medals for service in Vietnam.

Department of Defense Manual of Military Decorations and Awards (DoD

1348.33-M), September 1996, at C6.5.1.6., page 50.

Accordingly, in view of the U.S. Court of Appeals for Veterans Claims

decision in Haas v. Nicholson, the receipt of the equivalent award to the

Vietnam Service Medal should entitle a veteran to the presumption of service

in Vietnam.

Replacing the AFEM (Viet Nam) with the VSM

In the event that the VA does not accept that the AFEM (Viet Nam) entitles a

veteran to the presumption of service in Vietnam, veterans should attempt to

have their AFEM (Viet Nam) changed to a VSM. Please note that the M21-1

provision upheld in Haas does not require receipt of the VSM to qualify for

the presumption of Vietnam service, since the M21-1 mandates that the VA

Regional Office go to the Navy to verify offshore service if the veteran was

not awarded the VSM.

Advocates can request the National Personnel Records Center (NPRC) replace

their client's AFEM with the VSM. The request can be made "online" using the

eVetRecs system, or a Standard Form 180 can be mailed to the NPRC. The

following section of the NPRC website provides more details, including where

to send the request and what information to include in the request:

http://www.archives.gov/st-louis/military-...ards-and-decora

tions.html

Advocates should be aware that it is not guaranteed that the NPRC or

military will replace the AFEM (Viet Nam) with the VSM.

also see:

http://www.nvlsp.org/Information/ArticleLi...O-hassvnicholso

n.htm

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"Keep on, Keepin' on"

Dan Cedusky, Champaign IL "Colonel Dan"

See my web site at:

http://www.angelfire.com/il2/VeteranIssues/