RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00650

XXXXXXXXXXXXXXXX			COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The following be added to his DD Form 214, Report of Separation from Active Duty:

a. Foreign Service in Vietnam.
b. Foreign Service in Thailand.
c. Small Arms Expert Marksmanship Ribbon.
d. Command assignment locations.

APPLICANT CONTENDS THAT:

He was assigned in the Republic of Vietnam to support the staging of equipment and supplies for the bombing of Hanoi City.  He was subsequently transferred to Thailand from March 1973 until November 1973.  He also had several command duty assignments and was awarded numerous medals, to include “Top Marksmanship” for the M-16 weapon during his career, which are not reflected on his DD Form 214.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 November 1970.

On 16 November 1974, the applicant was released from active duty with an honorable character of service, and was credited with 4 years, 0 months, and 0 days of Active Service and 0 years, 0 months, and 0 days of Foreign Service.

The applicant’s DD Form 214, item 19 (Indochina or Korea Service Since August 5, 1964), dated 25 November 1974, indicates “No.”

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 D, E and H.

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of adding Vietnam Foreign service to the applicant’s DD Form 214 indicating there is no evidence of an error or an injustice.  AFPC/DPAPP was able verify and confirm Foreign Service boots on ground in Thailand, but not in Vietnam.

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

AFPC/DP3SP recommends denial of adding the Small Arms Expert Marksmanship Ribbon to the applicant’s records indicating there is no evidence of an error or an injustice.  The Small Arms Expert Marksmanship Ribbon was authorized by the Secretary of the Air Force on 28 August 1962, and is awarded to all United States Air Force members who after 1 January 1963, qualify as “expert” in small-arms marksmanship with either the M-16 rifle or issue handgun.  After a thorough review of the applicant's official military personnel record, AFPC/DP3SP is unable to locate official documentation such as an AF Form 522, USAF Ground Weapons Training Data, verifying he was qualified as expert in the M-16 rifle for award of the Small Arms Expert Marksmanship Ribbon.

AFPC/DP3SP is able to verify the applicant’s eligibility for the Vietnam Service Medal with Bronze Service Star, the Republic of Vietnam Gallantry Cross with Palm and the Vietnam Campaign Medal.  Upon final Board decision, administrative correction of the applicant’s official military personnel records will be completed by AFPC/DP2STM.

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

AFPC/DP2STM recommends denial of adding assignment locations to the applicant’s DD Form 214.  Air Force Regulation 35-6, Separation Document and General Separation Procedures, does not allow the inclusion of assignment locations onto the DD Form 214.  Notwithstanding the above, the applicant’s records verify he was stationed in Thailand; therefore, upon final board decision, administration correction of his DD Form 214, item 19 will be corrected to reflect “Yes” rather than “No.”

A complete copy of the AFPC/DP2STM evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates that he was assigned in Vietnam.  In support of his response, he provides a copy of his medical record stamped “377 USAF DISP Tan Son Nhut AFLD RVN, Date: 20 Oct 1972.”

The applicant’s complete response, with attachments, is at Exhibit G.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPAPP has revised their previous recommendation following a review of the provided documents and the applicant’s record.  They are now able to confirm the applicant’s service at Tan Son Nhut Air Base, Republic of Vietnam, from 6 September 1972 to 2 December 1972, for 2 months and 27 days and Ubon Air Base, Thailand, from 3 December 1972 to 20 September 1973, for 9 months and 18 days, for a total of 1 year and 15 days of Foreign Service.  Upon final Board decision, administrative correction of the applicant’s Foreign Service will be changed from 0 years, 0 months, and 0 days to 1 year, 0 months, and 15 days.

A complete copy of the AFPC/DPAPP evaluation is at Exhibit H.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 March 2017, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit I).  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-2016-00650 in Executive Session on 18 May 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00650 was considered:

Exhibit A.  DD Form 149, dated 16 November 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPAPP, dated 7 July 2016.
Exhibit D.  Memorandum, AFPC/DP3SP, dated 17 August 2016, 
  w/atch.
Exhibit E.  Memorandum, AFPC. DP2STM, dated 22 September 
  2016.
Exhibit F.  Letter, AFBCMR, dated 14 October 2016.
Exhibit G.  Letter, Applicant, undated, w/atchs.
Exhibit H.  Letter, AFPC/DPAPP, dated 14 March 2017.
Exhibit I.  Letter, AFPC/DP3AM, dated 14 March 2017.

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.