RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03173

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:
	1.  His rank as Sergeant (Sgt/E-4).
	2.  His Vietnam Campaign Medal (VCM) (Administratively Corrected).

APPLICANT CONTENDS THAT:

He was promoted to the grade of Sgt in Vietnam a few months prior to discharge.  He was in Vietnam for nearly 12 months and his record does not reflect his medal which gives him proof of possible exposure to Agent Orange.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 Oct 63.

The applicant’s AF Form 7, Airman Military Record, reflects grade Sgt and foreign service in Vietnam.

On 15 Oct 67, the applicant was furnished an honorable discharge, and was credited with 3 years, 11 months, and 24 days of active service, including 11 months and 23 days of foreign service.  His grade was reflected as Airman First Class (A1C) and his paygrade as E-4 in blocks 5a and 5b on his DD Form 214.  

On 21 Oct 69, according to Reserve Order CA-057442, he was honorably discharged from the Air Force Reserve in the grade of Sgt.

On 9 Mar 16, AFPC/DPAPP provided a letter as proof of “boots on ground” in Vietnam to the applicant, stating his foreign service is correct on his DD Form 214.  

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 (Enlisted Promotions) recommends denial indicating there is no evidence of an error or an injustice.  The applicant was discharged from active duty in the rank of E4 (A1C) on 15 Oct 67 and transferred to the Reserve to fulfill his service obligation.  He was honorably discharged from the USAFR on 21 Oct 69 in the rank of Sgt.  When he entered active duty in 1963, the Air Force rank structure for the bottom four enlisted ranks was as follows:  E1 (AB), E2 (A3C), E3 (A2C) and E4 (A1C).  On 19 Oct 67, E2 – E4 were re-designated as Amn, A1C and Sgt, respectively.  This was simply a change to the rank title/term of address.  Since E4 was not re-designated until 19 Oct 67, after the applicant was discharged, block 5a of the applicant’s DD Form 214 is correct.

A complete copy of the AFPC/DP3SP (Enlisted Promotions) evaluation is at Exhibit C.

AFPC/DP3SP (Recognitions) recommended no action required.  Recognitions directed AFPC/DP1SP to administratively correct the applicant’s record to reflect the award of the Vietnam Campaign Medal (VCM) as well as the Republic of Vietnam Gallantry Cross with Palm (RVNGC, w/P) and the applicant’s Vietnam Service Medal with One Bronze Service Star (VSM, w/1BSS) be upgraded to the VSM, w/2BSSs.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 6 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 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-2015-03173 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 Form 149, dated 22 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAPP, dated 9 Mar 16.
	Exhibit D.  Memorandum, AFPC/DP3SP (Enl. Promotions), dated
  23 Mar 16.
Exhibit E.  Memorandum, AFPC/DP3SP (Recognitions), dated 
  22 Apr 16, w/atch. 
Exhibit F.  Letter, AFBCMR, dated 6 May 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.