RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02822

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued 31 Jul 73, be corrected to reflect:

1. The following awards: Small Arms Expert Marksmanship Ribbon (SAEMR), Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), Air Force Commendation Medal (AFCM), and the Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters (AFOUA w/2 BOLC).  

2. His service in Vietnam.

APPLICANT CONTENDS THAT:

At the time of his retirement, he failed to notice the discrepancies of his DD Form 214. Some veterans entitlements and benefits have been denied due to the DD Form 214 omissions of decorations, and Thailand-Vietnam Air Offensive from Feb 66 to Sep 66 documentation.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D, and E.

AIR FORCE EVALUATION:

AFPC/DP3SP does not offer a recommendation, citing “no action required.”  Their review of the applicant’s official military personnel records revealed the requested award recognition is annotated on the applicant’s DD Form 214, issued 22 Jul 67.  Additionally, they were able to determine that the following Air Force Medals and/or Ribbons should have been awarded during his service from 23 Jul 63 to 31 Jul 73 and were not reflected in his records:

	a. Air Force Outstanding Unit Award with Valor and one Silver Oak Leaf Cluster (AFOUA 	w/V & 1SOLC).

	b. Vietnam Service Medal with two Bronze Service Stars (VSM w/2BSS).

	c. Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).

	d. Vietnam Campaign Medal (VCM).

Administrative correction of the applicant’s official military personnel record will be completed by AFPC/DP2STM.  The office of responsibility (AFPC/DP2STM-214) will need to determine as to whether or not the retirement DD Form 214 should reflect all the applicant’s awards and decorations earned during his active duty service.  The complete advisory is at Exhibit C.

AFPC/DP3STM-214 recommends partially granting the applicant’s request.  In accordance with (IAW) AFM 35-6, dated 1 Jun 73, “every individual who is separated from a period of service will be given a DD Form 214, describing relevant data regarding his service.”  The applicant’s DD Form 214 issued 22 Jul 67, and DD Form 214 issued 21 Jul 73, should be corrected (issued DD Form 215s) to reflect the changes AFPC/DP3SP identified on the Form 6, dated 19 Dec 16.  The complete advisory is at Exhibit D.

AFPC/DP3AM recommends denying the applicant’s request for his DD Form 214 reflect service in Vietnam.  They were able to verify and confirm foreign service boots on ground in Thailand, Feb 66 to Sep 66.  They were unable to verify any foreign service in Vietnam.  The complete advisory is at Exhibit E.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 24 Feb 17 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3AM and finds that the preponderance of evidence does not substantiate any foreign service in Vietnam.  While the Board notes the comments of AFPC/DP2STM-214 indicating that relief should be partially granted, the Board concurs with the rationale and recommendation of AFPC/DP3SP that no action by the Board is required.  Administrative correction of the applicant’s official military record will be completed to accurately reflect the Air Force Medals and/or Ribbons the applicant should have been awarded for his service from 23 Jul 63 to 31 Jul 73.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, 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-2016-02822 in Executive Session on 1 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 18 Dec 16.
Exhibit D:	Advisory opinion, AFPC/DP2STM-214, dated 9 Jan 17.
Exhibit E:	Advisory opinion, AFPC/DP3AM, dated 23 Feb 17.  
Exhibit F:	Notification of Advisories, SAF/MRBC to applicant, dated 24 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.