RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02091 

						COUNSEL:  
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect Vietnam Service or the Vietnam Service Medal, and Vietnam Campaign Medal.

APPLICANT CONTENDS THAT:

Someone forgot to enter it on the form.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Oct 61.

On 1 Sep 75, the applicant retired and was credited with 20 years, and 28 days of active service. 

A review of the applicant’s Master Personnel Records (MPR) confirms an assignment to Thailand in 1962, and temporary duty in Thailand from Dec 64- May 65; however, documentation is silent for Vietnam.  

The VSM was awarded to all members of the Armed Services who between 4 Jul 65 and 28 Mar 73 served in the following areas of Southeast Asia: Vietnam and its contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam.  To be eligible, a service member must have been permanently assigned, attached, or detailed for one or more days with an organization participating in or directly support ground (military) operations; or have directly participated as a crew member in one or more aerial flights directly supporting military operations; or, have served on temporary duty for 30 consecutive or 60 non-consecutive days.  Those time limitations may be waived for personnel participating in actual combat operations.

The VCM was awarded to members of the United States Armed Forces who, between 1 Mar 61 and 28 Mar 73, served for six 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 six months.  Only members of the United States Armed Forces who meet the criteria establish for the Armed Forces Expeditionary Medal or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces; or, did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action); captured by the enemy during action or in the line of duty, but later rescued and released; killed in action or in the line of duty; or were assigned in Vietnam on 28 Jan 73 and served in Vietnam for the entire period between 29 Jan 73 to 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.  

A review of his MPR and documentation submitted failed to provide any documents that substantiate foreign-service time 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 8 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:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  The Board reviewed the merits of the case with regard to his request for Vietnam service, and award of the Vietnam Service Medal and Vietnam Campaign Medal; however, the Board determined the evidence in his record showed his period of service in Thailand was outside the decoration awarding criteria.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.  

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-2016-02091 in Executive Session on 7 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02091 was considered:

	Exhibit A.  DD Form 149, dated 17 May 15.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3AM, dated 9 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 8 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.