RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03630

XXXXXXXXXX				COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

The following be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge:

a. Foreign Service in the Republic of Vietnam (Boots on Ground Letter provided to Applicant)
b. Vietnam Campaign Medal. (Will be administratively corrected)
c. Republic of Vietnam Gallantry Cross with Palm. (Will be administratively corrected)
d. Air Force Commendation Medal. 
e. Small Arms Expert Marksmanship Ribbon. 

APPLICANT CONTENDS THAT:

He cannot join the Agent Orange registry unless his DD Form 214 is corrected.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 27 October 1967.

On 17 August 1971, the applicant was furnished an honorable discharge, and was credited with 2 years, 1 month, and 1 day of Foreign Service.

In a memorandum dated 12 July 2016, AFPC/DPAPP advised the applicant that they verified and confirmed he had boots on the ground Foreign Service time in Phang Rang Air Base, Republic of Vietnam from 2 July 1969 to 31 July 1971, for 2 years, 1 month and 1 day.  The amount of Foreign Service time reflected on the applicant’s DD Form 214 is correct.  Therefore, a correction is not needed.  The letter also stated that specific locations are not annotated on a member's DD Form 214.  As such, he was advised to use their letter as proof of “boots on ground” for the Republic of Vietnam.

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.  The Air Force Commendation Medal is awarded to members of the Armed Forces of the United States, below the grade of colonel and foreign military personnel, who, while serving in any capacity with the Department of the Air Force after 28 March 1958, distinguish themselves by outstanding achievement or meritorious service.  The applicant provided a citation for award of the Air Force Commendation Medal for the period from 2 July 1969 to 31 July 1971.  However, they are unable to locate a Special Order which is the official source document to verify award of a decoration.

The Small Arms Expert Marksmanship Ribbon was authorized by the Secretary of the Air Force on 28 August 1962 and is awarded to all United States Air Force members, who, after 1 January 1963, qualify as “expert” in small-arms marksmanship with either the M-16 rifle or issue handgun.  Qualification as “expert” in both weapons after 22 June 1972 shall be denoted by a bronze service star worn on the service ribbon.  There is no official documentation such as a Special Order or AF IMT 522, United States Air Force Ground Weapons Training Data, verifying the applicant qualified as expert with either the issue hand gun or M-16 rifle.

To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department.

AFPC/DP3SP is able to verify the applicant should have been awarded the Vietnam Service Medal with one Silver Service Star and one Bronze Service Star, the Republic of Vietnam Gallantry Cross with Palm, and the Vietnam Campaign Medal.  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, 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 29 April 2016, 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:

1.  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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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, beyond the relief already granted administratively, 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.

2.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-03630 in Executive Session on 12 July 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03630 was considered:

Exhibit A.  DD Form 149, dated 16 July 2016, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 April 2016,
  w/atch.
Exhibit D.  Letter, AFBCMR, dated 29 April 2016.