RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04440

 						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect he was awarded the Air Force Combat Action Medal (AFCAM) for his Vietnam service.    

APPLICANT CONTENDS THAT:

It was an oversight that the badge was omitted on his DD Form 214.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 18 January 1966 and was released from active duty on 29 May 1969.  He was credited with 3 years, 4 months and 3 days of active duty service.  

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 of the AFCAM.  The applicant separated from active duty many years before the AFCAM was authorized; therefore, he is ineligible for award of the AFCAM as the medal is not retroactive prior to 11 September 2001.  To grant relief would be contrary to the eligibility criteria established by DODM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and the Chief of Staff.  

On 15 March 2007, the Secretary of the Air Force approved the establishment of the AFCAM to recognize any military member of the Air Force who actively participated in combat.  The AFCAM may be awarded for qualifying service from 11 September 2001, to a future date to be determined.  Retroactive awards prior to 11 September 2001 are not authorized.  

Based on a review of the applicant’s record, it was determined the applicant should have been awarded the Vietnam Service Medal, with four Bronze Service Stars (VSM w/4 BSS) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).  Upon the Board’s final decision, administrative correction of the applicant’s record will be completed by AFPC/DP2STM.  

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 7 June 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant does not provide a date of discovery, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  However, it is in the interest of justice to excuse the failure to timely file.   

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, aside from the administrative corrections for award of the VSM w/4 BSS and the RVNGC w/P, we find no basis to recommend granting the requested relief.

4.  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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-04440 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence   was considered:

	Exhibit A.  DD Form 149, dated 13 October 2015.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 April 2016.
	Exhibit D.  Letter, AFBCMR, dated 7 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.