RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05197

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his service during the Vietnam era. 

2.  The Meritorious Service Medal be added to his DD Form 214. (Will be administratively corrected).

APPLICANT CONTENDS THAT:

He served as a commissioned officer during the Vietnam Conflict and Operations DESERT SHIELD/STORM. The latter operations are reflected on his DD Form 214; however, the Vietnam Conflict is not.  In addition, he was awarded the Meritorious Service Medal, which is also not indicated on his DD Form 214.

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 12 April 1972.

On 31 January 1992, the applicant was relieved from active duty and retired effective 1 February 1992.  He was credited with 20 years and 14 days of active service.

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/DP3SP states that no action is required as they were able to verify the applicant should have been awarded the Meritorious Service Medal during his service.  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.

AFPC/DPSOR recommends denial of the applicant’s request to correct his DD Form 214 to indicate he served during the Vietnam era.  AFI 36-3202, Separation Documents, Table 4, lists the inclusive statements that can be used within the DD Form 214.  There is no authority (currently or in the past) to record that a member served (active or passive) during an ‘era’ of an armed conflict.  On 14 March 1991, AFI 36-3202 was amended to allow “Desert Shield/Storm” service statements on the DD Form 214.  On 18 April 1997, that specific authority was repealed for use by the Regular Air Force.  The repeal additionally reinforced “As a reminder, there are no authorizations to place statements on [Regular Air Force] members’ DD Forms 214 for wartime service or operations, such as Vietnam, Panama, Haiti, Somalia, Bosnia, etc.”  For Regular Air Force members, participation in an operation is authorized as an entry following the appropriate expeditionary medal that may have been earned as a result of direct active participation.  There is no evidence the applicant actively served in Vietnam or earned a subsequent expeditionary medal.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 July 2016, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit E).  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-2015-05197 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-2015-05197 was considered:

Exhibit A.  DD Form 149, dated 8 August 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 20 May 2016, 
  w/atch.
Exhibit D.  Memorandum, AFPC/DPSOR, dated 14 July 2016.
Exhibit E.  Letter, AFBCMR, dated 20 July 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.