RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04306

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect he was authorized and awarded the following:  

	a.  National Defense Medal (NDSM) (administratively corrected).  

	b.  Republic of Vietnam Campaign Medal (RVCM).  

c.  Vietnam Service Medal (VSM).  

	d.  Air Force Outstanding Unit Award with Valor (AFOUA w/V).  

	e.  Sea Service Deployment Ribbon (SD).  

APPLICANT CONTENDS THAT:

He served around 1 January 1966 with the 463rd Military Airlift Command (MAC) which later changed to the 463rd Airlift Group (AMC).  

He was stationed in the Philippines and has a total of 200 non-consecutive days conducting over 100 flight operations into South Vietnam.  In addition, he has a total of 90 consecutive days in TonSoNaut, Vietnam.  

His honorable military service during a time of war in Vietnam should be considered.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 March 1964.  
On 22 March 1968, the applicant was furnished an honorable discharge, and was credited with four years of active service.  
On 16 March 2016, AFBCMR notified the applicant that all attempts to obtain his official military personnel records were unsuccessful (Exhibit C).  

On 25 July 2016, AFPC/DP1SP was able to verify the applicant’s entitlement to the following Air Force Medals and/or Ribbons and his records will be corrected administratively:  

a.  Air Force Longevity Service Award (AFLSA).  

b.  National Defense Service Medal (NDSM).  

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 D.  

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial for award of the RVCM, VSM, AFOUA w/V, and the Sea Service Deployment Ribbon.  There were no official military personnel records available for review at the time of the applicant’s request.  

The applicant provided a copy of his DD Form 214; however, after a thorough review of this provided documentation, verification could only be made for award of the NDSM.  

The RVCM is awarded to members who: (1) served for six months in South Vietnam during the period 1 March 1961 and 28 March 1973; (2) served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months.  However, there is no official documentation verifying the applicant served in South Vietnam for six months or contributed direct combat support to the RVN Armed Forces for an aggregate of six months.  

The VSM is awarded to all service members of the Armed Services who after 3 July 1965 and before 28 March 1973, served in South Vietnam, its contiguous waters, or the airspace; in Thailand, Laos, or Cambodia, airspaces thereof and in direct support of operations in Vietnam for 30 consecutive days or 60 non-consecutive days.  However, there is no official documentation verifying the applicant was in the area of eligibility for award of the VSM.  

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.  A bronze valor device may be worn on the service ribbon when the award of the AFOUA is made to a unit for combat or direct combat support.  There was no official documentation provided to verify the applicant being assigned to or serving with a unit that was awarded the AFOUA w/V.  
The Sea Service Deployment Ribbon is a decoration of the United States Navy and as such is not issued or awarded by the United States Air Force.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 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, 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.  Therefore, in view of the above and in the absence of evidence to the contrary, we find the application untimely and there are no basis to recommend granting any relief beyond that rendered administratively.  

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-2015-04306 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04306 was considered:

	Exhibit A.  DD Form 149, dated 2 October 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 16 March 2016.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 25 July 2016.
	Exhibit E.  Letter, AFBCMR, dated 8 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.