RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01443

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect the following awards:

1.  Airman’s Service Medal with three Bronze Oak Leaf Clusters.

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

APPLICANT CONTENDS THAT:

He never received his Airman’s Service Medal with three Bronze Oak Leaf Clusters for November and December 1963.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 Jul 56.

The applicant was awarded Air Medals for inclusive dates as indicated below:

1.	19 Jul 63 to 16 Aug 63, basic medal.
	
2.	18 Aug 63 to 29 Sep 63, first Oak Leaf Cluster.

3.	 22 Sep 63 to 31 Oct 63, second Oak Leaf Cluster.

On 27 Jan 69, the applicant was furnished an honorable discharge, and was credited with 11 years, 4 months, and 26 days of total combined service between the Regular Air Force and the Air Force Reserve. 

On 25 Jul 16, AFPC/DP3SP directed the applicant’s official military record be corrected to add the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).

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.  There is no official documentation, such as a recommendation or Special Order, in the applicant’s official military personnel record, nor was any provided with this request, to verify he was recommended for or awarded the Air Medal with three Bronze Oak Leaf Clusters.  In order to reasonably consider the applicant’s request, he will need to submit a recommendation from someone with firsthand knowledge of the act/achievement preferably from someone within the applicant’s chain of command at the time of the act/achievement, a proposed citation, and eyewitness statements from those who can attest to the act/achievement.

The Air Medal may be awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 Sep 39, distinguishes himself or herself by meritorious achievement while participating in an aerial flight.  The Air Medal may be awarded for combat or non-combat action in recognition of single acts of valor, heroism or merit while participating in aerial flight.  Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 Feb 17 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:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The applicant was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely  

3.  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 and Air Force Instruction 36-2603.  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, 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 RECOMMENDS 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-2016-01443 in Executive Session 23 May 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Apr 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 25 Jul 16.
	Exhibit D.  Letter, AFBCMR, dated 1 Feb 17.

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.