RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03602

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the following:

Vietnam Service Military [sic] Medal

The Air Force Training Ribbon

The Republic of Vietnam Gallantry Cross with Palm

The Air Force Outstanding Unit Award.  

APPLICANT CONTENDS THAT:

He was sent on temporary duty (TDY) to Tahkli Royal Thai Air Force Base, Thailand from Jan – Jul 73 and not awarded the appropriate decorations.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Aug 69.

On 10 Aug 73, the applicant was furnished an honorable discharge, and was credited with four years of active service and no foreign service; however, block 19 of his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 10 Aug 73, reflects “Indochina or Korea Service – Yes (150 Days).”

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

The Vietnam Service Medal was awarded to all members of the Armed Services who between 4 Jul 65 and 28 Mar 73 served in the following areas of Southeast Asia: Vietnam and its contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam.  To be eligible, a service member must have been permanently assigned, attached, or detailed for one or more days with an organization participating in or directly support ground (military) operations; or have directly participated as a crew member in one or more aerial flights directly supporting military operations; or, have served on temporary duty for 30 consecutive or 60 non-consecutive days.  Those time limitations may be waived for personnel participating in actual combat operations.

The Air Force Outstanding Unit Award was established and awarded in the name of the Secretary of the Air Force on 6 Jan 54.  It is awarded to numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units.

The Republic of Vietnam Gallantry Cross with Palm was awarded by the Republic of Vietnam by certain units of the Armed Forces of the United States for valorous combat achievement during the Vietnam Conflict, inclusive from 1 Mar 61 to 28 Mar 73. 

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 record, AFPC/DP3SP was unable to verify the award of the Air Force Training Ribbon or Vietnam Service Medal, or that he served with a unit that received award of the Air Force Outstanding Unit Award or the Republic of Vietnam Gallantry Cross with Palm.  The applicant’s period of service rendered him ineligible for the award of the Air Force Training Ribbon and AFPC/DP3SP was unable to locate official documentation to verify the applicant served in Vietnam, Thailand, Laos, or Cambodia in direct support of operations in Vietnam or 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; or served on temporary duty for 30 consecutive or 60 nonconsecutive days in the area of eligibility for award of the Vietnam Service Medal.  However, AFPC/DP3SP determined the applicant should have been awarded the Air Force Good Conduct Medal and the Air Force Longevity Service Award, and upon final Board decision, his record will be administratively corrected.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16 Jun 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 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, 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-2015-03602 in Executive Session on 8 Dec 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03602 was considered:

	Exhibit A.  DD Form 149, dated 18 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 12 Jun 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 16 Jun 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.