RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03068

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to reflect he was awarded the Vietnam Service Medal.

APPLICANT CONTENDS THAT:

He served in Ubon, Thailand during the Vietnam conflict for 1 year and 4 months repairing aircraft with the U.S. Support Activities Group/Seventh Air Force.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 14 Jul 71, the applicant was honorably discharged as a Sergeant and was credited with 3 years, 11 months, and 28 days of active service to include 1 year and 4 days of foreign and/or sea service.

 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 has completed an administrative correction for the Air Force Outstanding Unit Award with Valor (AFOUA w/V); however, recommends denying the remainder of the applicant’s request for the Vietnam Service Medal.  Official documentation in the personnel records verify he was in the area of eligibility/responsibility during the periods of 10 Apr 73 until 2 Jun 74; however, these dates are past the award inclusive period for the Vietnam Service Medal.   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 24 Aug 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, it is the Board’s opinion that the applicant is not the victim of an error or injustice beyond the relief provided administratively.  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.  Furthermore, 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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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-2016-03068 in Executive Session on 09 May 18:

Panel Chairr
Panel Member
Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 27 Jul 16
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, w/atchs, dated 21 Nov 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Aug 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.