RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04776

  						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 the following:

	a. His service in Vietnam and Thailand.

	b. The Vietnam Service Medal (VSM).

c. The Vietnam Campaign Medal (VCM).

APPLICANT CONTENDS THAT:

His DD Form 214 states that he did not serve in Indochina or Vietnam, when he actually spent over 60 days in Thailand and over 60 days in Vietnam.  

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

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 1 August 1969.

On 31 July 1973, the applicant was furnished an honorable discharge, and was credited with 4 years of active service, to include 1 year, 9 months, and 26 days of foreign and/or sea service. 

On 7 June 2016, AFPC/DP3SP verified the applicant’s entitlement to the Air Force Longevity Service Award (AFLSA).  

On 7 June 2016, AFPC/DP1SP requested AFPC/DP2STM to administratively correct the applicant’s records to show award of the AFLSA.  

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.  The applicant’s Master Personnel Records did not contain information that reflects he served in Vietnam or Thailand.  

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

AFPC/DP3SP recommends denial of the VSM and VCM because they were unable to locate official documentation to support award approval.  The applicant provided a Request and Authorization for Temporary Duty directing him to Tan son Nhut, Air Base, Vietnam.  However, the travel order cannot be validated as being carried out without the corresponding travel voucher.  Therefore, the applicant did not provide sufficient evidence to verify he served in Vietnam, Thailand, Laos, or Cambodia in direct support of operations in Vietnam or 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; or served on temporary duty for 30 consecutive or 60 non-consecutive days in the area of eligibility and during the award inclusive period for award of the VSM.  Further, there was no official documentation provided or located verifying the applicant served for an aggregate of 6 months in the area of eligibility for award of the VCM.  

By way of background, the VSM 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 VCM 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.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He submits orders that sent him to Tan Son Nhut AB, Vietnam.  He does not have travel vouchers, but believes they may be in his records.  He is being denied recognition for serving in Vietnam because the Air Force records are illegible; there must be a payment record for receiving combat pay for his two months in Thailand and his two months in Vietnam.  He submits pictures of him in Vietnam and Thailand.  As for the VCM, he notes that the Board has his orders from his home station to Taiwan to Vietnam.

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

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 to include his rebuttal, 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, beyond the administrative relief provided, because we do not find it would be in the interest of justice to recommend granting additional 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-2015-04776 in Executive Session on 15 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 5 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 23 May 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 7 Jun 16.
	Exhibit E.  Letter, SAF/MRBR, dated 14 Jun 16.
	Exhibit F.  Letters, Applicant’s Rebuttal, undated 
       and dated 10 Jul 16, w/atchs.

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.