RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04805

						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 in the Philippines (Administratively Resolved), and that he was awarded the Vietnam Service Medal (VSM).

APPLICANT CONTENDS THAT:

His DD Form 214 does not reflect he was stationed in the Philippines, or that he was awarded the Vietnam Service Medal.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Sep 62.

On 6 Sep 66, the applicant was furnished an honorable discharge, and was credited with 4 years of active service, to include one year, four months, and 12 days of foreign service.  

On 23 Feb 16, AFPC/DPAPP sent a “Boots on Ground” letter to the applicant verifying his foreign service at Clark Air Base, Philippines, from 19 Apr 64 to 31 Aug 65 (Exhibit C).  

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 indicating there is no evidence of an error or an injustice warranting award of the VSM.  The VSM was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after3 Jul 65, and before 28 Mar 73.  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 VSM.  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.  

After a thorough review of the applicant's official military personnel record and the documents he submitted, they were unable to verify award of the VSM.  They were unable to verify the applicant was permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations or served on temporary duty for 30 consecutive days or 60 non-consecutive days in the area of eligibility or participating in actual combat operations for award of the Vietnam Service Medal.  

They were able to determine that the below Air Force Medals and/or Ribbons should have been awarded during the applicant's service from 7 Sep 62 to 6 Sep 66 and were not reflected in his records.  Administrative correction of the applicant's official military personnel record will be completed by AFPC/DP2STM:

•	Air Force Good Conduct Medal (AFGCM)
•	Air Force Longevity Service Award (AFLSA)

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant alleges the OPR did not take into account his TDY to Thailand for 90 days, and that he spent 3 days at Da Nang Air Base.
In support of his request, he submits a copy of his TDY orders, Special Order No. TA-1541.  He contends he wants his DD Form 214 or 215 to reflect he had Vietnam service.  

A complete copy of the Applicant’s Response to the Air Force Evaluation 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, 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.  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-2015-04805 in Executive Session on 18 Aug 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04805 was considered:

	Exhibit A.  DD Form 149, dated 4 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 23 Feb 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 20 May 16. 
	Exhibit E.  Letter, SAF/MRBR, dated 10 Jun 16.
	Exhibit F.  Letter, Applicant, dated 12 Jul 16.