RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00496

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His records be corrected to reflect Foreign Service time at Da Nang Air Base, Republic of Vietnam and he be provided a “boots-on-the-ground” letter.  



APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States of Transfer or Discharge, does not reflect his temporary duty (TDY) to Da Nang Air Base, Republic of Vietnam.  His awarded Armed Forces Expeditionary Medal (AFEM) was exchanged for the Vietnam Service Medal (VSM) by the National Archives and Records Administration (NARA); however, he needs proof of his service in Vietnam to receive veteran compensation benefits.  

The applicant’s complete submission, with attachments, is at Exhibit A.



STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 15 February 1963.  

On 14 February 1967, the applicant was released from active duty with an honorable character of service, transferred to the Air Force Reserve, and credited with four years of total active service.  

In accordance with Executive Order 11231, any member who qualifies for the AFEM by reason of service in Vietnam between 1 July 1958, and 4 July 1965, shall remain qualified for that medal.  Upon application, any such member may be awarded the VSM in lieu of the AFEM, but no person may be awarded both medals by reason of service in Vietnam and no person shall be entitled to more than one award of the VSM.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. 
 


AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  A review of the applicant’s Master Personnel Records and submitted documentation failed to substantiate Foreign Service time in Vietnam.  

A complete copy of the AFPC/DPAPP 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 22 September 2014 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).



THE FINDINGS AND CONCLUSION OF THE BOARD:

After careful consideration of the evidence of record, we find the application untimely.  The 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, Air Force Board for Correction of Military Records.  The applicant has not shown a sufficient reason for the delay in filing on a matter now dating back over 69 years, which has greatly complicated our ability to determine the merits of the application.  Therefore, we are not persuaded 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-2014-00496 in Executive Session on 6 January 2015, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 February 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAPP, dated 11 April 2013.
	Exhibit D.  Letter, SAF/MRBR, dated 22 September 2014.