RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03246

  						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH), the Air Force Commendation Medal (AFCM), the Air Force Outstating Unit Award (AFOUA) with one Bronze Oak Leaf Cluster, the Armed Forces Expeditionary Medal (AFEM), and the Air Force Training Ribbon (AFTR).  

APPLICANT CONTENDS THAT:

He should be awarded:
1)	The PH for his combat injuries/illnesses in Vietnam.
2)	The AFCM while assigned to the National Security Agency (NSA).
3)	The AFOUA with one Bronze Oak Leaf Cluster for work performed in Vietnam with the 6924th Security Squadron and for his service with the United States Air Force Special Communications Center at Kelly.
4)	The AFEM for his service in Vietnam between 1965 and 1966.
5)	The AFTR for being an Air Force Training Instructor at the Air Force Special Communications Center at Kelly.

In support of his request, the applicant provides correspondence with the National Personnel Records Center, medical and service records, his DD Form 214, Certificate of Release or Discharge from Active Duty, several training certificates, his Department of Veterans Affairs rating decisions dated 29 Mar 06 and 30 Apr 09, and several historical fact sheets.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Apr 64.

On 5 Apr 68, the applicant was furnished an honorable discharge, and was credited with four years of active service.   

Upon final board action, DP2STM will administratively correct the applicant’s record to reflect award of the AFOUA, w/V, the Air Force Longevity Service Award (AFLSA), the Vietnam Service Medal with three Bronze Service Stars (VSM, w/3BSS), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and the Vietnam Campaign Medal (VCM).

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 of the majority of the applicant’s request indicating there is no evidence of an error or an injustice.  Specifically, DP3SP was unable to verify the award of the PH, the AFCM, the AFOUA with Bronze Oak Leaf Cluster, the AFEM, or the AFTR in the applicant’s military personnel record.  

The Purple Heart Review Board has to the authority to determine a veteran’s award of the PH; however, the request was not submitted to the Board as the applicant’s submission lacks the appropriate documentation.  

The applicant’s record does not contain an official documentation such as the citation or the Special Order awarding the AFCM nor does it reflect the applicant served with an additional unit that received award of the AFOUA while the applicant was assigned to the unit.  

As for the AFEM, the applicant’s service dates in Vietnam (6 Jan 66 through 29 Nov 66) were outside the inclusive period for the award (1 Jul 58 through 3 Jul 65).  

Additionally, the applicant’s service dates of 6 Apr 64 through 5 Apr 68 were prior to the award authorization date for the AFTR.  

The AFTR was established on 12 Oct 80 and is awarded to members who, after 14 Aug 74, complete an initial Air Force accessions training program.  

Even so, DP3SP was able to verify award of the AFOUA with Valor as the applicant was assigned to the 6924th Security Squadron, Da Nang, Vietnam, between 6 Jan 66 and 9 Nov 66.  The 6924th Security Squadron received award of the AFOUA with Valor for award inclusive period from 1 Dec 65 to 30 Sep 66.  

Furthermore, the applicant’s record did not have the following medals and/or ribbons reflected and will be administratively corrected (along with the AFOUA with Valor) upon final board decision: the Air Force Longevity Service Award, the Vietnam Service Medal with three Bronze Service Stars, the Republic of Vietnam Gallantry Cross with Palm, and the Vietnam Campaign Medal.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that he has found it difficult to substantiate his claims based on the highly classified records associated with his assignments in the Air Force Security Service Branch.  Although he appreciates the fact DP3SP verified the AFOUA with Valor award for service in Vietnam, he reiterates his request for the PH due to injuries caused by exposure to Agent Orange in Vietnam, the AFCM while assigned to NSA, and the AFOUA with one Bronze Oak Leaf Cluster while assigned to the Air Force Special Communications Center.  

In support of his response, the applicant provides copies of medical records (previously submitted), a Department of Veterans Affairs determination dated 25 Jan 16, and Air Force Security Service history fact sheets (previously submitted).

A complete copy of the applicant’s rebuttal, with attachments, is at Exhibit E.

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 beyond the relief provided administratively, 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 applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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-2015-03246 in Executive Session on 14 Jul 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated DD Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 5 Feb 16.
	Exhibit D.  Letter, AFBCMR, dated 8 Mar 16.
	Exhibit E.  Applicant’s Rebuttal, dated 25 Mar 16, w/atchs.