RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01559 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be credited with Vietnam service.

APPLICANT CONTENDS THAT:

He served in Da Nang, Vietnam, in April 1971.  He is filing a claim for veteran benefits for Agent Orange exposure.

“Buddy letter”, dated 13 Apr 16, reflects he was deployed on 1 Apr 72, from Kunsan, Korea, to Da Nang, Vietnam, until 1 Jul 72.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Jun 69.

On 1 Mar 77, the applicant was furnished an honorable discharge, and was credited with 7 years, 8 months, and 13 days of active service.  

AF Form 910, TSGT, SSGT and SGT Performance Report, 9 Jul 71 thru 8 Jan 72, reflects applicant’s organization location as Kunsan Air Base, Korea.

AF Form 7, Airman Military Record, page 4, item 19, reflects an arrival date at Kunsan AB Korea on 10 Oct 71, but no departure date.

DD Form 214, Report of Separation from Active Duty, with a 1 Mar 73 separation date, Item 30, Remarks, reflects Vietnam: no, and Korea: yes.  Item 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, indicates applicant was awarded the Vietnam Service Medal (VSM).

In accordance with AFI 36-2803, The Air Force Military Awards and Decorations Program, the VSM is awarded to any Armed Forces of the United States Service member serving in Vietnam, contiguous waters, or air space, including service in Thailand, Laos, Cambodia, or their air space, on or after 4 Jul 65 thru 28 Mar 73.

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/DP3AM recommends denial indicating there is no evidence of an error or an injustice.  While military personnel records confirm foreign-service at Kunsan Air Base, Republic of Korea, and Korat Air Base, Thailand, there is no confirmation applicant served in Vietnam. 

A complete copy of the AFPC/DP3AM 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 22 Dec 16 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 and Air Force Instruction 36-2603.  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, aside from the aforementioned administrative corrections, 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-2016-01559 in Executive Session on 2 May 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01559 was considered:

	Exhibit A.  DD Form 149, dated 13 Apr 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3AM, dated 15 Dec 16.
	Exhibit D.  Letter, AFBCMR, dated 22 Dec 16.

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.