RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03081

  						COUNSEL:  DVA

						HEARING DESIRED:  NOT ANNOTATED 

APPLICANT REQUESTS THAT:

Through counsel, he be awarded the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVCM), Republic of Vietnam Cross of Gallantry [sic], Armed Forces Expeditionary Medal (AFEM), the Republic of Vietnam Humanitarian Service Medal, and all others.  

APPLICANT CONTENDS THAT:

The medals were omitted from his record.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 16 Apr 69.

According to his AF Form 910, TSgt, SSgt and Sgt Performance Report, closeout on 15 Jul 71, the applicant’s “…commendable accomplishments was demonstrated during his participation in the Radar Evaluation missions over Vietnam and Korea during the month of April and May.”

According to his AF Form 910, closeout on 31 Dec 71, the applicant received “…favorable communications have been received pointing out the outstanding abilities and professional manner of [applicant] during radar evaluations in the Republics of Vietnam and Korea.”

According to AF Form 1721, dated 3 May 72, he served in the Philippines from 1 Mar 71 to 10 Apr 72.

On 8 Oct 72, the applicant was furnished an honorable discharge, and was credited with 3 years, 5 months, and 23 days of active service and 1 year, 7 months, and 6 days of foreign service. 

On 11 Dec 15, AFPC/DPAPP administratively corrected the applicant’s record by providing him a “Boots on Ground (BOG)” letter for his service at Clark Air Base, Republic of the Philippines, and Hickam Air Force Base, Hawaii.  

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

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  After a thorough review of the applicant’s record, DP3SP was unable to verify the award of the AFEM, VSM, HSM, Republic of Vietnam Gallantry Cross, with Palm, (RVNGC, w/P), and the VCM.  However, they were able to verify the award of the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA, w/1BOLC) that will be administratively corrected upon final Board decision.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 13 Apr 16 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 beyond the relief provided administratively.  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-2015-03081 in Executive Session on 18 Oct 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Forms 149, dated 30 Oct 14, w/atchs.  
	Exhibit B.  Applicant's Master Personnel Records.  
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 Apr 16.  
Exhibit D.  Letter, AFBCMR, dated 13 Apr 16.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.