RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02488

XXXXXXXXX						COUNSEL:  NONE

							HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be awarded Cold War and Vietnam era ribbons and command patches.

APPLICANT CONTENDS THAT:

These items are not reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 14 November 1974.

On 25 January 1982, the applicant received an honorable discharge, and was credited with 10 years, 2 months, and 20 days of active service. 

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

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  The Vietnam Service Medal was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 July 1965, and before 28 March 1973.  In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the Vietnam Service Medal.  To be eligible, a service member must be: permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more, days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive days or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations.

The Vietnam Campaign Medal is awarded to members of the United States Armed Forces who, between 1 March 1961 and 28 March 1973 served for 6 months in South Vietnam, or, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months.  Only members of the United States Armed Forces who meet the criteria established for the Armed Forces Expeditionary Medal or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces; or, did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty, but later rescued or released, killed in action or in the line of duty; or were assigned in Vietnam on 28 January 1973, and served in Vietnam for the entire period between 29 January 1973 to 28 March 1973.

The applicant's dates of service from 14 November 1974 to 25 January 1982 are past the award inclusive period for award of the Vietnam Service Medal and the Vietnam Campaign Medal rendering him ineligible.  To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department.

The Cold War Medal is a commemorative medal.  These medals are primarily celebratory display medals rather than official awards or decorations of the United States Air Force and Department of Defense.  The Cold War Medal/Certificate recognizes members of the Armed Forces and civilian personnel of the United States Government who served in the United States during the Cold War.  The endeavor is being conducted by the Department of the Army.  The applicant may order his certificate online at:

https://www.hrc.army.mil/tagd/cold%20war%20recognition%20certificate%20program 

The applicant may also write to the following address:

Commander, USAHRC
ATTN: AHRC-PDP-A, Department 480
1600 Spearhead Division Avenue
Fort Knox KY 40122-5408
(502) 613-9126

AFPC/DP3SP was able to verify the applicant’s entitlement to the Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters and the Air Force Good Conduct Award with one Bronze Oak Leaf Cluster.  Upon final board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DP2STM.

A complete copy of the AFPC/DP3SP evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 May 2016, for review and comment within 30 days (Exhibit D).  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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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.  As such, other than the administrative correction noted above, we do not find it would be in the interest of justice to recommend granting relief.  Given 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.  Accordingly, we find the application untimely.

The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-02488 in Executive Session on 14 June 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02488 was considered:

Exhibit A.  DD Form 149, dated 10 June 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 27 April 2016, 
  w/atch.
Exhibit D.  Letter, AFBCMR, dated 6 May 2016.