RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01962 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The following decorations be added to his DD Form 214, Certificate of Release or Discharge from Active Duty:

	a.  Vietnam Campaign Ribbon [sic] 

	b.  Air Force Commendation Medal (AFCM) (administratively corrected)

APPLICANT CONTENDS THAT:

He served on temporary duty at Korat Royal Thai Air Force Base, Thailand, from Nov 72 to Jan 73.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 3 Nov 71.

On 24 Sep 83, the applicant was furnished an honorable discharge, and was credited with 7 years, 2 months, and 29 days of active service.   

Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s personnel record to reflect the AFCM and 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 B.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial of the Vietnam Campaign Medal (VCM) indicating there is no evidence of an error or an injustice.

The Vietnam Campaign Medal is awarded to members of the United States Armed Forces who, between 1 Mar 61 and 28 Mar 73 served for 6 months in South Vietnam, or, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months. 

Available official military personnel records do not reflect the required aggregate of 6 months in Vietnam. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 Dec 16 for review and comment within 30 days (Exhibit C).  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 beyond the relief provided administratively.  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-2016-01962 in Executive Session on 2 May 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01962 was considered:

	Exhibit A.  DD Form 149, dated 15 Apr 16, w/atchs.
	Exhibit B.  Memorandum, AFPC/DP3SP, dated 16 Sep 16.
	Exhibit C.  Letter, AFBCMR, dated 7 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.