RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04926

     					COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

He be awarded the following decorations:

1.  Presidential Unit Citation (PUC) (Administratively corrected)

2.  Republic of Vietnam Gallantry Cross with Palm (RVGC w/P) (Administratively corrected)

3.  Vietnam Service Medal (VSM) (Administratively corrected)

4.  Vietnam Campaign Medal (VCM) (Administratively corrected)

5.  Air Force Outstanding Unit Award (AFOUA)

APPLICANT CONTENDS:

He earned the requested decorations while serving with the 377th Security Police Squadron, Tan Son Nhut Air Base, Saigon, Republic of Vietnam, but they were not included in his records due to an oversight. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 Mar 66.

On 21 Oct 70, the applicant received a medical retirement with a compensable disability rating of 80 percent after serving 4 years, 7 months, and 20 days of active service.   

On 11 Apr 16, AFPC/DP2STM directed the applicant’s records be corrected to:

1.  Add the following decorations:

		a.  Presidential Unit Citation (PUC)

		b.  Air Force Longevity Service Award (AFLSA)

		c.  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P)

		d.  Vietnam Campaign Medal (VCM)

	2.  Change his VSM w/1BSS to reflect award of the Vietnam Service Medal with two Bronze Service Stars (VSM w/2BSS)

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 award of the AFOUA, indicating there is no evidence of an error or an injustice.  The applicant was assigned to the 377th Security Police Squadron, Tan Son Nhut Air Base, Vietnam, between 2 October 1967 and 13 June 1968.  After a thorough review of the applicant's official military personnel record, they were able to verify award of the PUC, VSM with two Bronze Service Stars, RVGC w/P, and the VCM.

The AFOUA was established and awarded in the name of the Secretary of the Air Force on 6 January 1954.  It 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. The services include; performance of exceptionally meritorious service, accomplishment of a specific outstanding achievement of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force.  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.

The 377th Security Police Squadron received several awards of the AFOUA w/V, they were unable to locate official documentation in the applicant's official military personnel record verifying he was assigned to the unit during any of the unit award inclusive periods in order to be eligible.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request, the applicant resubmitted the exact same documentation attached to his initial application without further comment.

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 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.  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:

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-2015-04926 in Executive Session on 15 Nov 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04926 was considered:

	Exhibit A.  DD Form 149, dated 16 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 2 May 16.
	Exhibit E.  Letter, Applicant, dated 23 Jul 15, 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.