RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-03999

XXXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to add the following medals:

a. The Vietnam Service Medal.

b. The Vietnam Campaign Medal.

APPLICANT CONTENDS THAT:

He should be awarded the aforesaid medals based on his Foreign Service in Thailand and Vietnam.  He was assigned to Takhli, Thailand for one year and spent 24 hours in Vietnam following a forced aircraft landing in Saigon, Vietnam.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 26 March 1971.

According to the applicant’s Performance Report for the period 21 May 1973 to 20 May 1974, he was assigned to Takhli Air Base, Thailand.

On 1 February 1977, the applicant was furnished an honorable discharge, and was credited with 5 years, 10 months, and 6 days of active service.  He had 1 year of foreign and/or sea service during this period.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating they were only able to verify and confirm Foreign Service boots on ground at Takhli Air Base, Thailand.  However, a review of the applicant’s master personnel records and documentation submitted failed to provide any documents that substantiate Foreign Service time in Vietnam.

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

AFPC/DP3SP recommends denial of the applicant’s requests to add the Vietnam Service Medal and the Vietnam Campaign Medal to his DD Form 214.  The Vietnam Service Medal was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 July 1965 and before 28 March 1973.  In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the Vietnam Service Medal.  To be eligible, a service member must be: 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; have served on temporary duty for 30 consecutive days or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations.

The Vietnam Campaign Medal is awarded to members of the United States Armed Forces who, between 1 March 1961 and 28 March 1973, 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 January 1973, and served in Vietnam for the entire period between 29 January 1973 to 28 March 1973.

The applicant's dates of service in Thailand, between 21 May 1973 and 20 May 1974 are beyond the award inclusive dates for award of the Vietnam Service Medal and the Vietnam Campaign Medal; rendering him ineligible for the aforementioned awards.

AFPC/DP3SP was able to verify the applicant’s eligibility for the Air Force Outstanding Unit Award with Valor and four Bronze Oak Leaf Clusters.  Upon final Board decision, administrative correction of the applicant’s official military personnel records will be completed by AFPC/DP2STM.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 20 June 2016, for review and comment within 30 days (Exhibit E).  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 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.

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-2015-03999 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03999 was considered:

Exhibit A.  DD Form 149, dated 12 September 2016, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPAPP, dated 11 May 2016.
Exhibit D.  Memorandum, AFPC/DP3SP, dated 12 June 2016, 
  w/atch.
Exhibit E.  Letter, SAF/MRBR, dated 20 June 2016.

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.