RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03495

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His records reflect time served in Vietnam.

2.  He be awarded the Joint Meritorious Service Medal which we believe him to mean the Defense Meritorious Service Medal (DMSM) as there is no authorized award called the Joint Meritorious Service Medal.

APPLICANT CONTENDS THAT:

His record does not reflect his Vietnam service.  He flew to Tan Son Nhut AB in Vietnam as an Air Freighter – delivering mail and supplies.  He also contends that he was awarded the contested award in 1991.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 February 1971.

Special Order No. AC-008279 dated 7 April 1990 reflects the applicant retired on 1 February 1991 in the grade of master sergeant and was credited with 20 years of active service for retirement.

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

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states a review of the applicant’s master personnel records and documentation submitted failed to provide any documents that substantiate foreign service time in Vietnam.

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

AFPC/DP3SP states no action is required.  DP3SP states after a thorough review of the applicant’s official military personnel record - DP2SP was able to verify award of the DMSM.  The record has been corrected.

The applicant was awarded the DMSM per Department of the Army Headquarters, Military Traffic Management Command Permanent Orders 64-1, dated 7 December 1990.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 April 2016 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.  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-2015-03495 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03495 was considered:

	Exhibit A.  DD Form 149, dated 10 August 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 3 December 2015.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 11 April 2016.
	Exhibit E.  Letter, AFBCMR, dated 19 April 2016.

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.