RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-02581

MANNON R. TURNER	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect award of the Vietnam Service Medal (VSM). 

APPLICANT CONTENDS THAT:

His service in Vietnam and Thailand lead him to seek recognition.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 28 Feb 63 to 16 Feb 68 and was credited with 1 year, 7 months and 22 days of Foreign Service.  According to the documents provided by the applicant, he was on temporary duty (TDY) during the period of 11 Oct 66 to 20 Jun 67 from Clark AB, Philippines and qualified for Hostile Fire Special Pay on 11 Nov 66.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  After a thorough review of the applicant’s official military record, they were unable to verify the award of the VSM.  Although the documents provided by the applicant verify one day of TDY for which he received hostile fire pay, they are unable to verify he served in Vietnam, Thailand, Laos, or Cambodia directly supporting operations in Vietnam or permanently assigned, attached, or detailed for one or more days with an organization participating in or directly supporting ground (military) operations.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 1 Feb 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:
1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, the Board concludes that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Should the applicant provide a copy of a paid travel voucher for the specified country, the Board would be willing to reconsider his request.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02581 in Executive Session on 2 Aug 18:

Mr. Michael A. Cleveland, Panel Chair 
Mr. John M. Piva, Panel Member
Ms. Marcia J. Bachman, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 13 Oct 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 1 Feb 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.