RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04082

 						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 any medals and decorations he may have earned during his service at Ton Son Nhut AB, Vietnam. 

He receive combat pay for his service at Ton Son Nhut AB, Vietnam in July 1970.

APPLICANT CONTENDS THAT:

The corrections are required for his appeal to the Department of Veterans Affairs (DVA) for Agent Orange exposure.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 25 October 1968 and was released from active duty on 24 October 1972.  

His DD Form 215, Correction to DD Form 214, dated 18 October 1973, reflects he was awarded the Vietnam Service Medal (VSM). 

The remaining relevant facts pertaining to this application are contained in the memorandums 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 for Vietnam service.  There was no information provided or contained in the applicant’s Master Personnel Records (MPR) to reflect he served in Vietnam.  DPAPP was able to confirm foreign service boots on ground at Ubon AB, Thailand from 16 June 1970 to 27 July 1971 but unable to substantiate any foreign service in Vietnam.    

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

AFPC/DP3SP states the applicant was assigned to the 14th Tactical Reconnaissance Squadron while in Thailand.  Based on his assignment, DPSID determined the applicant should have been awarded the VSM with four Bronze Service Stars (VSM w/4 BSS), Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), Vietnam Campaign Medal (VCM) and the Air Force Outstanding Unit Award with Valor (AFOUA w/V). The applicant’s records have been administratively corrected and no further action is required.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 3 August 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 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, aside from the administrative corrections for award of the VSM w/4 BSS, RVNGC w/P, VCM and the AFOUA w/V, we do not find it would be in the interest of justice to recommend granting relief, 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-2015-04082 in Executive Session on 1 November 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 September 2015.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 26 May 2016.
	Exhibit D.  Memorandum, AFPC/DP3SP, undated. 
	Exhibit E.  Letter, AFBCMR, dated 3 August 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.