RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03143

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from the Armed Forces of the United States, be corrected to reflect he was awarded the Republic of Vietnam Campaign Medal.

APPLICANT CONTENDS THAT:

A policy change or a clerical error may have caused the award not to be posted on his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force sergeant.  

On 2 Nov 73 through 1 Nov 74, per the Overseas Data Report provided by the applicant, he was in Thailand from 2 Nov 73 until 1 Nov 74.

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 established 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.

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 does not make a recommendation.  Per email received from National Records Personnel Center (NRPC), the applicant’s records are currently charged out and without an official military personnel record to review, AFPC/DP3SP is unable to make an appropriate recommendation.  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 23 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.  The Board notes AFPC/DP3SP does not make a recommendation since the applicant’s master personnel record was unavailable and further finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  In this regard, we note the evidence provided shows the applicant was assigned in Thailand after the VCM eligibility period.  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-2016-03143 in Executive Session on 16 May 18:

, Panel Chair 
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 14 Dec 16
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 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.