RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03085

	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 he was awarded the Vietnam Service Medal (VSM). 

APPLICANT CONTENDS THAT:

He served in the Air Force from 1962 until 1966 and believes that his service during the Vietnam War timeframe warrants the issuance of the Vietnam Service Medal.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 26 Aug 66, the applicant was honorably discharged as an Airman First Class and was credited with 4 years of active service to include no foreign or sea service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C and D.

AIR FORCE EVALUATION:

AFPC/DP3SP has completed an administrative correction for the:

National Defense Service Medal (NDSM), and

The Air Force Longevity Service Award (AFLSA),

AFPC/DP3AM and AFPC/DP3SP both recommend denying the applicant’s request for the Vietnam Service Medal (VSM).  There is no official documentation in the personnel records to verify he was in the area of eligibility/responsibility during the campaign award period.  The complete advisories are at Exhibits C and D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 05 May 17 for comment (Exhibit E), 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/DP3AM and 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-2016-03085 in Executive Session on 09 May 18:

Panel Chair
Panel Member
Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 15 Dec 16
Exhibit D:	Advisory opinion, AFPC/DP3SP, w/atchs, dated 14 Jan 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 05 May 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.