RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03352

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflect the award of the Vietnam Service Medal (VSM).

APPLICANT CONTENDS THAT:

He was awarded the Armed Forces Expeditionary Medal (AFEM) and should have been awarded the VSM as well for his Vietnam service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 10 Dec 65, the applicant was honorably discharged in the grade of airman second class and was credited with 3 years, 11 months, and 29 days of active service to include 1 year, 6 months, and 6 days of foreign service.  

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

AIR FORCE EVALUATION:

AFPC/DP3SP has completed an administrative correction for the National Defense Service Medal (NDSM); however, AFPC/DP3SP and AFPC/DP3AM recommends denying the application.  There is no official documentation in the personnel records to verify he served in Vietnam, Thailand, Laos, or Cambodia in direct support of operations in Vietnam or that he was permanently assigned to the area of eligibility for award of the Vietnam Service Medal.  The complete advisories are at Exhibit C and Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 20 Oct 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 recommendations of AFPC/DP3SP and AFPC/DP3AM 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-2016-03352 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/atch, dated 12 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, w/atch, dated 05 Jan 17.
Exhibit D:	Advisory opinion, AFPC/DP3SP, w/atch, dated 05 Oct 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Oct 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.