RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02020

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the Meritorious Service Medal (MSM).

2.  His records be corrected to reflect foreign service in Vietnam.

APPLICANT CONTENDS THAT:

His DD Form 214 was issued prior to his MSM being issued and also prior to Congress changing the law regarding eligibility for Vietnam service credit.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 24 Oct 74, he entered the Regular Air Force.  

On 1 Jan 94, the applicant retired from active duty and was credited with 19 years, 2 months, and 7 days of total active service.

Following Board action, AFPC/DPSOR will administratively correct the applicant’s record to reflect award of the Air Force Outstanding Unit Award (AFOUA) with One Bronze Oak Leaf Cluster (AFOUA w/1BOLC).

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

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for award of the MSM indicating there is no official documentation in the applicant's record, nor was any provided, to verify award of the MSM.  There was no documentation in the applicant's record such as the Special Order, nor was any provided to verify the applicant was recommended for or awarded the MSM.  The Special Order is the official source document to verify award of a decoration.  DPSID also indicates the request was untimely.  

The MSM is awarded to any member of the United States Armed Forces, or to any member of the Armed Forces of a friendly foreign nation, for outstanding non-combat meritorious achievement or outstanding non-combat meritorious service to the United States.  Normally the acts or services rendered must be comparable to that required for the Legion of Merit but in a duty of lesser though considerable responsibility.

Based on a review of the applicant's official military personnel record, the applicant should have been awarded the AFOUA w/1BOLC during his service from 24 Oct 74 to 31 Dec 93.  Administrative correction of the applicant's official military personnel record will be completed by AFPC/DPSOR.

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

AFPC/DPSOR recommends denial of the applicant’s request for foreign service credit in Vietnam indicating the applicant failed to provide evidence that the omission of a statement was in error or substantiates an injustice.  Neither AFI 36-3202, Separation Documents, nor Air Force policy authorizes the listing of foreign service locations on a DD Form 214 or that an individual served during specific era.  For those that did not serve in the Republic of Vietnam, the “Vietnam Era” is defined by Public Law 104-275, Section 505, as the period beginning on 5 Aug 64 – 7 May 75.  Since the applicant served on active duty from 24 Oct 74 to 31 Dec 93, it is understood that he served during the Vietnam Era; however, such designation is not authorized on a DD Form 214 for his period of service.  The DD Form 214 is still accurate even with the absence of the Vietnam Era statement.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 4 May 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

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, other than the administrative corrections noted above, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-02020 in Executive Session on 6 Jun 16 under the provisions of AFI 36-2603:

				    , Panel Chair
				   , Member
				    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 May 15.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 13 Oct 15, w/atch.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 22 Feb 16.
	Exhibit E.  Letter, AFBCMR, dated 4 May 16.