RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03371

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Campaign Medal with 60’s device and the Vietnam Service Medal.

APPLICANT CONTENDS THAT:

He served in the Thailand for 365 days during the Vietnam War and should have been awarded the aforementioned medals.  He believes those awards were inadvertently not documented on his DD Form 214, Report of Separation from Active Duty.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 Sep 71.

On 17 Sep 76, the applicant was furnished an honorable discharge, and was credited with 4 years, 11 months, and 28 days of active service, to include 1 year 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.  After a thorough review of the applicant’s official military personnel record, they were unable to verify award of the Vietnam Service Medal and the Vietnam Campaign Medal.

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 Jul 65, and before 28 Mar 73. 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 Mar 61 and 28 Mar 73 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 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73.  

The applicant's dates of service in Thailand, between 17 Jul 73 and 16 Jul 74, are past the award inclusive period for award of the Vietnam Service Medal and the Vietnam Campaign Medal; rendering him ineligible for those awards.  However, notwithstanding the above, they were able to determine that the Air Force Outstanding Unit Award (AFOUA) and the Air Force Longevity Service Award (AFLSA) should have been awarded during the applicant's service from 20 Sep 71 to 17 Sep 76 and were not reflected in his records. 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 is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant acknowledges that his service in Thailand did not qualify him for award of the Vietnam Campaign Medal or the Vietnam Service Medal, however, he contends he should have been awarded the Armed Forces Expeditionary Medal.  He supports his contention by submitting the VFW’s Eligibility List, and his DD Form 214 that shows his service in Thailand.  He states that his primary purpose of his application is to obtain health support through the Department of Veterans Affairs (DVA) due to exposure to various herbicides, specifically Agent Orange, which was stored and loaded on aircraft while he served in Thailand.

A complete copy of the Applicant’s Rebuttal 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.  After a careful review of the applicant's contentions to include his review of the Air Force Evaluation, 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.  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-2015-03371 in Executive Session on 21 Jun 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03371 was considered:

	Exhibit A.  DD Form 149, dated 4 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 5 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Mar 16.
	Exhibit E.  Letter, Applicant, dated 8 Apr 16, w/atchs.