RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-00185

XXXXXXXXXXXXXXX				COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The following medals be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge:

	a. Vietnam Service Medal (Will be administratively corrected)
	b. Armed Forces Expeditionary Medal

APPLICANT CONTENDS THAT:

His DD Form 214 is in error.  He was on a temporary duty assignment to Thailand in support of Cambodia operations during the Vietnam War.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 4 September 1969.

On 3 September 1973, the applicant was released from active duty with an honorable character of service.  He was credited with four years of active service, to include 7 months and 14 days of foreign and/or sea 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/DP3SPS recommends denial of the applicant’s request for the Armed Forces Expeditionary Medal indicating there is no evidence of an error or an injustice.  The Armed Forces Expeditionary Medal may be awarded to members of the United States Armed Forces who after 1 July 1958: Participate, or have participated, as members of United States military units in a United States military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers, and encounter, incident to such participation, foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize.  Service members must have been permanently assigned, attached, or detailed to a unit that participated in or engaged in direct support of the operation for 30 consecutive days in a designated area of eligibility in a foreign territory (or for the full period when an operation is less than 30 days duration) or for 60 non-consecutive days provided the support involved entering the area of eligibility; be engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; participate as a regularly assigned crewmember of an aircraft flying into, out of, within, or over the area in support of the military operations.  The Armed Forces Expeditionary Medal is awarded for service in Thailand in support of the Cambodia Support Operations from 29 March 1973 to 15 August 1973.  The applicant's AF Form 1712, Uniform Military Personnel Record, dated 5 September 1973, indicates he had a temporary duty assignment in Thailand starting on 26 September 1972 for 164 days and again on 14 March 1973 for 109 days.  However, the applicant’s records do not indicate he was deployed for 30 consecutive or 60 non-consecutive days to the area of eligibility in direct support of Cambodia Support Operations.  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 Longevity Service Award, the Vietnam Service Medal with one Bronze Service Star and the Republic of Vietnam Gallantry Cross with Palm.  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:

A copy of the Air Force evaluation was forwarded to the applicant on 20 July 2016 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-2016-00185 in Executive Session on 14 March 2017, under the provisions of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 24 November 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 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 pertaining to AFBCMR Docket Number BC-2016-00185.