RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04964 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Vietnam Service medal (VSM) and any other awards that he may be eligible for. APPLICANT CONTENDS THAT: He is eligible for the VSM for his 1965 temporary duty (TDY) at Anderson AFB, Guam in direct support of Operation ROLLING THUNDER. He was separated due to hardship and his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, was never updated to include any medals he should have received. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 16 Aug 63, the applicant commenced his enlistment in the Regular Air Force. The applicant was assigned with the 4133 Provisional Wing at Andersen AFB, Guam from 1 Oct 65 through 15 Mar 66. On 30 Sep 66, the applicant was furnished an honorable discharge, and was credited with 3 years, 1 month, and 15 days of active service. The VSM is awarded to all members of the U. S. Armed Forces serving at any time between 4 Jul 65 and 28 Mar 73 in the area of eligibility (AOE). The AOE is defined as Vietnam, its contiguous waters, or airspace there-over; in Thailand, Laos, or Cambodia, their contiguous waters, or the airspaces there-over, and in direct support of operations in Vietnam. To be eligible, a service member must have served on TDY for 30 consecutive or 60 non-consecutive days. These time limitations may be waived for personnel who participated in actual combat operations. AIR FORCE EVALUATION: AFPC/DPSID recommends denial noting there is no evidence in the applicant’s official records to support he served in the area of responsibility (AOR) for award of the VSM or any other award for Vietnam. Furthermore, there was no evidence located in the applicant’s submission or his official military personnel record to support he served in an area of eligibility (AOE) for 30 consecutive or 60 nonconsecutive days. However, after a thorough review of his official records, his entitlement to the National Defense Service medal (NDSM) and the Air Force Good Conduct medal (AFGCM) were verified and the applicant’s records will be administratively corrected accordingly. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 20 May 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2013-04964 in Executive Session on 11 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Oct 13, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 20 May 14. 3 4