RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03576

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect the award of the Vietnam Campaign Medal.  

APPLICANT CONTENDS THAT:

He was awarded the Vietnam Campaign Medal, but it was never annotated on his DD Form 214.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 Oct 68.

On 29 Sep 72, the applicant was furnished an honorable discharge, and was credited with 3 years, 11 months, and 28 days of active service.   

On 28 Feb 75, the applicant received a DD Form 215, Correction to DD Form 214, Report of Separation From Active Duty, correcting Item 22c, his foreign service time to reflect 2 months and 27 days, and adding the Vietnam Service Medal (VSM) – AFM 900-3 to Item 24. 

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/DPP3SP recommends denial indicating there is no evidence of an error or an injustice.  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.  

After a thorough review of the applicant's official military personnel record, they were unable to verify award of the Vietnam Campaign Medal.  His dates of service in Vietnam between 20 May 69 and 17 Aug 69, does not equal the aggregate of 6 months required for award of the Vietnam Campaign Medal.

Notwithstanding the above, they were able to determine that the below Air Force Medals and/or Ribbons should have been awarded during the applicant's service from 2 Oct 68 to 29 Sep 72 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:

1. Vietnam Service Medal with two Bronze Service Stars (VSM w/2BSS).

2. Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 May 16 for review and comment within 30 days (Exhibit D).  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 warranting award of award of the Vietnam Campaign Medal.  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-2015-03576 in Executive Session on 21 Jul 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03576 was considered:

	Exhibit A.  DD Form 149, dated 10 Aug 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 27 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 23 May 16.