RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03178

	COUNSEL: NONE

	HEARING: NOT INDICATED

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 following awards and decorations:

Vietnam Campaign Medal (VCM) (Administratively Corrected),

Vietnam Service Medal (VSM) (Administratively Corrected),

Overseas Ribbon, and 

Two Presidential Unit Citations (PUC).

APPLICANT CONTENDS THAT:

His DD Form 214 should reflect the above awards, medals and/or citations as he served at Korat Royal Thai Air Force Base (RTAFB) from 1971 to 1972.  His unit (17th Wild Weasels) were stationed at Korat RTAFB and were awarded two PUCs.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 05 Mar 73, the applicant was honorably discharged as a sergeant and was credited with 3 years, 8 months, and 11 days of active service to include one year of foreign 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 VSM w/three Bronze Service Stars (BSS), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and the VCM.

AFPC/DP3SP recommends denying the remainder of the applicant’s request for the Overseas Ribbon – Short Tour, and the two Presidential Unit Citation awards.  The applicant does not meet the Overseas Ribbon criteria and there is no official documentation in the personnel records to verify he was assigned or attached to a unit that received the PUC award.  Insufficient evidence has been provided to support an error or injustice exists.  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 26 Jul 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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2016-03178 in Executive Session on 09 May 17:

Panel Chair
Panel Member
Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 08 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, w/atchs, dated 14 Jan 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Jul 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.