RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03812

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect award of the:

a.  Air Force Commendation Medal (AFCM)), 

b.  Small Arms Expert Marksmanship Ribbon (SAEMR), 

c.  Air Force Outstanding Unit Award with 4 Oak Leaf Clusters (AFOUA w/4BOLC),

d.  Air Force Good Conduct Medal (AFGCM) (administratively resolved), 

e.  National Defense Service Medal (NDSM) (administratively resolved),

f.  Vietnam Service Medal (VSM) (administratively resolved), 

e.  Vietnam Campaign Medal (VCM) (administratively resolved).

APPLICANT CONTENDS THAT:

He was not allowed to join the Veterans of Foreign Wars (VFW) because he had no proof he served in Vietnam.

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

STATEMENT OF FACTS:

On 12 August 1966, the applicant commenced his enlistment in the Regular Air Force.

According to the applicant’s Airman’s Performance Reports (APR) he served with the 610 Military Aircraft Support Squadron, Yokota AB, Japan from 12 August 1966 from 27 December 1968.

On 22 April 1970, the applicant was furnished an honorable discharge, and was credited with 3 years, 8 months, and 11 days of active service, to include 11 months and 29 days of foreign/sea service.

The applicant’s AF Form 7, Airman Military Record, reflects he served in Vietnam from 26 April 1969 through 21 April 1970.  The form further reflects he received the VSM, NDSM and AFGCM.

On 8 April 2016, the applicant was notified of his entitlement to the AFOUA w/2BOLC, AFGCM, NDSM, VSM w/3BSS, VCM, and the Vietnam Gallantry Cross with Palm (RVNGC w/P) had been verified and his records will be administratively corrected to add the medals.

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 for award of the AFCM, SAEMR and AFOUA w/4BOLC, indicating there is no evidence of an error or an injustice.

The AFOUA is awarded by the Secretary of the Air Force 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.  This service includes: performance of exceptionally meritorious service, accomplishment of a specific outstanding achievement of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force.

The AFCM 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, distinguished themselves by outstanding achievement or meritorious service.

The SAEMR is awarded to all Air Force service members who, after 1 January 1963, qualified as “expert” in small arms marksmanship with either the M-16 rifle or issued handgun.

After reviewing the applicant's official military personnel record, his entitlement to the AFCM, AFOUA w/5BOLC and SAEMR could not be verified.

The 610th Military Airlift Support Squadron received award of the AFOUA for the inclusive periods of 1 July 1966 to 30 June 1967, 1 July 1967 to 30 June 1968 and 1 July 1968 to 30 June 1970. According to the applicant's AF Form 7, he served with the 610th Military Airlift Support Squadron from 12 January 1967 to 27 January 1969.  The applicant’s entitlement to the AFOUA w/2BOLC was verified; however, they were unable to verify he served with any additional units that were awarded the AFOUA during his active duty service.

The applicant provided a citation for award of the AFCM for inclusive period from 27 April 1969 to 17 April 1970.  However, no Special Order or signed certificate was provided with this request or could be located within his official military personnel record.  The Special Order is the official source documentation to verify award of a decoration. 

They were unable to locate any official documentation, in the applicant's record such as an Air Force Form 522 verifying he qualified as expert with either the M-16 rifle or issue handgun.

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 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:

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.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief other than that rendered administratively, 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-2015-03812 in Executive Session on 23 August 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03812 was considered:

	Exhibit A.  DD Form 149, dated 31 Aug 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 23 May 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.