RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02774

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be awarded the Air Force Overseas Ribbon ­ Short Tour (AFOR-ST) and the Southwest Asia Service Medal (SWASM) for his participation in the Operation ARC Light.

APPLICANT CONTENDS THAT:

His temporary duty assignment to Guam is unrecorded and they supported the B-47/KC-135 tankers flying bombing missions over Vietnam.

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

STATEMENT OF FACTS:

According to the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, on 10 Mar 64, the applicant entered the Regular Air Force.

On 31 Jan 68, the applicant received an honorable discharge, and was credited with 3 years, 10 months, and 21 days of total active service, to include 8 months and 18 days of foreign 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 applicant's dates of service are prior to the authorization date for award of the Air Force Overseas Ribbon; additionally, the applicant was not on active duty as of 6 Jan 86 to be eligible for retroactive award of the AFOR-ST.  

DP3SP also recommends denial for award of the SWASM.  The applicant separated active duty before the SWASM was authorized, rendering him ineligible.  Furthermore, the applicant's record does not indicate direct participation in Operation ARC LIGHT and DP3SP were unable to verify service in the area of eligibility for the Vietnam Service Medal (VSM) as Guam is not considered to be the area of eligibility.  While the applicant did not specifically request the VSM, DP3SP addressed it as it is the appropriate award authorized for Operation ARC LIGHT, not the SWASM.

The AFOR was authorized by the Chief of Staff, United States Air Force, 12 Oct 80.  The ribbon was authorized to be awarded to Air Force and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sep 80.  Only individuals serving on active duty as of 6 Jan 86 are eligible to have the AFOR applied retroactively for completion of an overseas tour.

The SWASM is awarded to members of the U.S. Armed Forces who served in direct support of Operations DESERT SHIELD/STORM (ODS/S) between 2 Aug 90 and 30 Nov 95 in one or more of the following Areas of Eligibility (AOE): the Persian Gulf; Red Sea; Gulf of Oman; Gulf of Aden that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; and the land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates (UAE); or individuals serving in Egypt, Israel, Turkey, Syria, and Jordan (including territorial airspace and waters) directly supporting combat operations between 17 Jan 91 and 30 Nov 95.

The VSM is awarded to all members of the Armed Services who between 4 Jul 65 and 28 Mar 73 served in the following areas of Southeast Asia: Vietnam and its contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam.   To be eligible, a service member must have been permanently assigned, attached, or detailed for one, or more days with an organization participating in or directly support ground (military) operations, or have directly participated as a crew member in one or more aerial flights directly supporting military operations, or, have served on temporary duty for 30 consecutive or 60 non-consecutive days.  Those time limitations may be waived for personnel participating in actual combat operations.

Operation ARC LIGHT is a mission which used B-52 bombers in Southeast Asia to attack the Viet Cong during the Vietnam conflict with inclusive dates 18 Jun 65 to 18 Aug 73.  Andersen Air Base, Guam was the original location of the bombers beginning on 18 Jun 65.  In 1967, U-Tapao Royal Thai Air Base, Thailand was an added base for the mission to reduce crowding at Andersen Air Base and for the reduction of flight time to Viet Cong targets.

A complete copy of the AFPC/DP3SP 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 30 Dec 15 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 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.  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-2015-02774 in Executive Session on 14 Jul 16 under the provisions of AFI 36-2603:

				    , Panel Chair
				  , Member
					   , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02774 was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 9 Dec 15.
	Exhibit D.  Letter, AFBCMR, dated 30 Dec 15.