RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-05177

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The Vietnam Campaign Medal be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

APPLICANT CONTENDS THAT:

The Vietnam Campaign Medal was erroneously omitted from his DD Form 214.  The “buddy statements” he provides will verify he flew missions into Vietnam.

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

STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air Force on 28 February 1963.

Via Special Order Number 34 dated 14 February 1966, the applicant was awarded the Vietnam Service Medal for the period 5 – 27 September 1965.

Via Special Order G-623 dated 4 August 1966, the applicant was awarded the Air Medal for meritorious achievement in aerial flight during the period 5 – 27 September 1965.

The Vietnam Service Medal was awarded to 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 were also 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.

On 27 February 1967, the applicant was released from active duty with an honorable character of service and was credited with four years of active 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 indicating there is no evidence of an error or an injustice.  The Vietnam Campaign Medal 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.  The applicant does not meet the criteria for the Vietnam Campaign Medal.  To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department.

AFPC/DP3SP was able to verify the applicant’s entitlement to the Air Force Outstanding Unit Award.  Upon final board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DP2STM.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 August 2016, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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 relief already granted administratively, 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-2015-05177 in Executive Session on 14 February 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05177 was considered:

Exhibit A.  DD Form 149, dated 7 December 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 14 July 2016, 
  w/atch.
Exhibit D.  Letter, AFBCMR, dated 12 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.