RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01721

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, effective 31 October 1982, be corrected to reflect he was awarded and authorized the following decorations, medals, badges, citations and campaign ribbons:

	a. Meritorious Service Medal, w/2 BOLC (administratively 
corrected).

	b. Good Conduct Medal (GCM).  

	c. German Military Achievement in Silver.

	d. German Military Achievement in Gold.  

	e. Vietnam Gallantry Cross Unit Citation w/Device (commonly known as the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).  

APPLICANT CONTENDS THAT:

He reviewed his records for accuracy and discovered errors due to the omissions by record keepers and the unavailability of documentation during the preparation of his DD Form 214.  His MSM should have a second oak leaf cluster and the GCM was awarded when the Army Medal was authorized.  

He received the German “Truppenleistungs Abzeichen” in Bronze, Silver, and Gold.  The Vietnamese Gallantry Cross Unit Citation w/Device was awarded to all members of the 7th Air Force during the duration of combat operations.  

He would appreciate the ability to pass his corrected record to his son and grandchildren.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 February 1957.  

On 31 January 1961, the applicant was furnished an honorable discharge and he was credited with 3 years, 11 months, and 27 days of active service.  

On 1 February 1961, the applicant enlisted into the Air Force Reserve and his term of reserve obligation terminated on 3 February 1963.  

On 16 July 1966, the applicant was commissioned in the Regular Air Force.  

On 31 October 1982, the applicant was relieved from active duty and retired, effective, 1 November 1982, and was credited with 20 years, 3 days, and 12 days of active service for retirement.  

On 6 October 2015, AFPC/DPSID indicated that after a thorough review of the applicant’s official military personnel record, they were able to verify award of the Meritorious Service Medal with two Bronze Oak Leaf Clusters (MSM w/2BOLC) and his records will be administratively corrected.  

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and F.  

AIR FORCE EVALUATION:

AFPC/DPSID states that during the period of 4 February 1957 through 31 January 1961, the applicant was enlisted and he received the GCM, as annotated on his DD Form 214, effective 31 January 1961.

The Good Conduct Medal is awarded to enlisted members who have honorably completed 3 continuous years of active military service subsequent to 26 August 1940, and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity.  This medal is only awarded to Airman prior to the establishment of the Air Force Good Conduct Medal on 1 June 1963.  In accordance with Executive Order 8809, amended by Executive Order 9323, the Good Conduct Medal may also be awarded to service members who complete more than one year but less than three years of active federal military service if the Air Force Good Conduct medal has not been previously awarded.  The Good Conduct Medal is awarded for a one-year period of service during a time of war only when a formal declaration of war has been made and approved by the United States Congress.  
The applicant received award of the RVNGC w/P as annotated on his DD Form 214 dated 31 October 1982.  Only one award will be worn regardless of the number of times the unit was awarded the RVNGC w/P; therefore, the applicant’s DD Form 214 accurately reflects this award.  

RVNGC w/P is awarded for valorous combat achievement during the Vietnam Conflict, 1 March 1961 to 28 March 1973.  The applicant was awarded the RVNGCUC w/P, as annotated on his DD Form 214, dated 31 October 1982.  The applicant request correction of his records to reflect award of the Vietnam Gallantry Cross Unit Citation with device; however, this is the Republic of Vietnam Gallantry Cross with Palm and only one award will be worn regardless of the number of times the unit was awarded RVNGCUC w/P.  Therefore, the applicant’s DD Form 214 accurately reflects this award.  

AFPC/DPSID recommends the AFGCM should be removed from the applicant’s DD Form 214, dated 31 October 1982.  The AFGCM was authorized by the Secretary of the Air Force on 1 June 1963.  The medal is awarded to enlisted personnel during a three-year period of active military service or for a one-year period of service during a time of war.  While the applicant served on active duty from 16 July 1966 to 31 October 1982; he was an officer.  It appears the AFGCM was erroneously awarded to the applicant due to the fact that it is only awarded to enlisted personnel.  

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states there appears to be some confusion concerning his application for correction of military records.  The recommendation regarding his MSM is accurate.  However, in regards to the GCM, he was awarded the GCM during his tour as an enlisted member.  The AFGCM did not exist until 1963; therefore, the correct designation is “Good Conduct Medal”.  His request is for a correction and not a request for any award during his commissioned service.  In regards to his request for the Republic of Vietnam Cross of Gallantry, Unit Citation, this is in addition to his individual award he received at Da Nang Air Base, which is already in his records.  Also, there was no recommendation made in regards to his request for the German Military Achievement awards.  All supporting documents and information have been forwarded.  

A complete copy of the applicant’s response is at Exhibit E.  

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial of the applicant’s request for the German Military Achievement in Silver and German Military Achievement in Gold to be annotated on his DD Form 214.  In addition, the existing references to German awards and badges on his DD Form 214, dated 31 October 1982 should be removed. In accordance with Air Force Regulation (AFR) 36-3202, Discharge Documents, which was in effect at the time the applicant’s DD Form 214 was issued, states to list “authorized” decorations, medals, badges, citations, and campaign ribbons on the DD Form 214.  While not explicitly written, only those items allowed for wear on the Air Force uniform are recorded on the DD Form 214.  Subsequent publications has solidified the verbiage by adding “as authorized to be worn by Air Force members”.  To determine what badges are authorized on the DD 214, we refer to Air Force’s guide to Dress and Personal Appearance of Air Force Personnel.   The German badges/awards are not authorized for wear; therefore, not authorized on the DD Form 214.  Other than by the applicant’s submission, we were unable to confirm the badges were authorized for wear or listing.  To receive foreign recognition is common; however, it is not recorded on a DD Form 214 by respective United States services.  The policy to omit such recognition does not indicate the Service does not recognize the award; the applicant’s proof of presentation is any personal certificates and/or accouterments presented by foreign governments. 

The applicant’s current DD Form 214, dated 31 October 1982, makes erroneous reference to a German Federal Armed Forces Award in Silver, German Military Achievement in Bronze, and German Logistics Specialty Badge in Gold.  These are not authorized and therefore, subject to correction and removal as a known error and for consistent application of governing directives/policies.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit F.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant indicated the acceptance, retention, and wearing of the German badges is authorized by Public Law (PL) 89-673, dated 15 October 1966 as implemented by Air Force Manual 900-3 and specifically authorized by the Chief of Staff, United States Air Force.  Unfortunately, the only evidence of his presentation of the Gold Badge is the certificate given to him by the German Air Force (GAF) Support Commander Chief of Staff.  His Air Force letter of authorization was lost in transit.  In support of his response, the applicant provides copies of an excerpt from PL 89-673, letters from AFMPC/DPMASA2 regarding foreign decorations and foreign awards, and an Air Force Form 77, Letter of Evaluation, for the period of 4 August 1975 through 31 October 1976.  
A complete copy of the applicant’s response is at Exhibit H.  

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Therefore, in view of the above and in the absence of evidence to the contrary, we find the application untimely and there are no basis to recommend granting any relief beyond that rendered administratively.  

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-2015-01721 in Executive Session on 3 May 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01721 was considered:

	Exhibit A.  DD Form 149, dated 2 March 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 6 October 2015.
	Exhibit D.  Letter, AFBCMR, dated 29 October 2015.
	Exhibit E.  Letter, Applicant, dated 25 November 2015.
	Exhibit F.  Memorandum, AFPC/DP2STM, dated 10 March 2016.
	Exhibit G.  Letter, AFBCMR, dated 11 March 2016.
	Exhibit H.  Letter, Applicant, dated 7 April 2016, w/atchs.