RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03514

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, is missing the following:

a. Vietnam service.

b. California Air Guard and Army National Guard Discharge Status (Army and Air Force).

c. Good Conduct Medal (GCM).

d. Korean Service Medal (KSM) for service with the 570th Military Police (Army Guard).

e. Humanitarian Medal for Operation Baby Lift.

f. Presidential Unit Citation (PUC) Clusters for his service with the 60th Security Police and medic duty.

APPLICANT CONTENDS THAT:

Discrepancies exist and he just wants to leave a detailed service history for his loved ones.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 July 1974.

On 28 August 1978, the applicant was furnished an honorable discharge, and was credited with 4 years, 1 month, and 27 days of active service. 

According to the applicant’s NGB Form 22, Report of Separation and Record of Service, effective 2 December 1983, he received an honorable discharge from the California Air National Guard and was credited with 9 years, 6 months, and 9 days of total service for pay in the grade of technical sergeant. 

The Korean Service Medal was awarded for service between 27 June 1950 and 27 July 1954 under one of the following conditions:  Within the territorial limits of Korea in waters immediately adjacent thereto: or with a unit under the operational control of the Commander-in-Chief, Far East, other than those units within the territorial limits of Korea, which has been designated by the Commander-in-Chief, Far East, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the Commander-in-Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.
 
The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibit C, D, and E.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial.  After a thorough review of the applicant's official military personnel record, they were unable to verify award of the Humanitarian Service Medal, PUC with one Bronze Oak Leaf Cluster (PUC w/1BOLC) and the GCM.  In this regard, they were unable to verify the applicant served in the area of eligibility for award of the Humanitarian Service Medal for Operation Baby Lift.  The applicant's DD Form 214 does not indicate he was credited with completion of any foreign service while on active duty.  In addition, they were unable to locate official documentation verifying any units the applicant was assigned to receive award of the PUC while the applicant was assign to the unit.  However, the applicant’s active duty service dates qualifies under the criteria established for award of the AFGCM, not the GCM, and his DD Form 214 already reflects award of the AFGCM with one Bronze Oak Leaf Cluster (AFGCM w/1OLC) for his 8 years, 1 month, and 27 days of honorable service.

By way of background, the Humanitarian Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve components who, subsequent to 1 April 1975, distinguished themselves as individuals or as members of United States military units or ships by meritorious, direct participation in a significant military act, or operation of a humanitarian nature.  Direct participation is defined as being physically present at the designated location, having directly contributed to and influenced the action.  Designated location is the immediate site(s) of the humanitarian operations as defined by the Presidential request for assistance in the United States or the Department of State for overseas areas.  When appropriate, the local commander in his or her recommendation may propose specific clarification of designated boundaries based on the intent of the Presidential or Department of State request.  Specifically excluded from eligibility are Service members or elements remaining at geographically separated locations or who were assigned to the location but did not make a direct contribution to nor influenced the action.  Award of the Humanitarian Service Medal does not prevent or conflict with other medals or ribbons awarded on the basis of unit achievement, or of individual valor, achievement, or meritorious service.  No Service member shall be entitled to more than one award of the Humanitarian Service Medal for participation in the same military act or operation of a humanitarian nature.  The Humanitarian Service Medal is the authorized awarded for participation in Operation Baby Lift, Vietnam, with the inclusive period from 4 April 1975 to 9 May 1975.  However, they were unable to locate official documentation verifying the applicant was in the area of eligibility in direct support of the humanitarian effort, Operation Baby Lift.

The PUC is awarded in the name of the President of the United States to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on, or after, 16 October 1941 for United States Navy and United States Marine Corps units, and on or after 7 December 1941, for United States Army units.  The unit must have displayed such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions to have set it apart and above other units participating in the same campaign. 

The GCM is awarded to enlisted members who have honorably completed three continuous years of active military service subsequent to 26 August 1940 and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity.  This medal is only award to Airman prior to the establishment of the AFGCM on 1 June 1963.  In accordance with Executive Order 8809, amended by Executive Order 9323, the GCM may also be awarded to service members who complete more than one year but less than three years of active federal military service if the AFGCM has not been previously awarded.  The GCM is awarded for a one-year period of service during a time of war only when a formal declaration of war has been made and approved by the United States Congress.
  
A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

AFPC/DPAPP recommends denying the applicant’s request to have his DD Form 214 amended to reflect service in Vietnam and Korea.  The applicant’s Master Personnel File does not contain any documentation reflecting that he served in Vietnam or Korea.

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

NGB/A1PS recommends no action be taken because there has not been an injustice regarding the applicant’s NGB Form 22 and Special Order (SO) A-1576, dated 20 December 1983.  In this regard, the applicant notes that his discharge status from the California Air National Guard is missing.  However, they reviewed the supporting documentation provided by the applicant and find that no injustice occurred.  Specifically, both his NGB Form 22 and SO A-1576 reflects the applicant received an honorable discharge for purposes of enlistment into the California Army National Guard.

A complete copy of the NGB/A1PS evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 28 March 2016 for review and comment within 30 days (Exhibit F).  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-2015-03514 in Executive Session on 17 November 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 5 Feb 16.
	Exhibit D.  Memorandum, AFPC/DPAPP, dated 9 Mar 16.
	Exhibit E.  Memorandum, NGB/A1PS, dated 18 Mar 16.
	Exhibit F.  Letter, SAF/MRBR, dated 28 Mar 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.