RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03387

	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:

	1)  The Purple Heart (PH) (administratively corrected) and,

	2)  His combat action.

APPLICANT CONTENDS THAT:

His award of the PH and his action in combat are not reflected on his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 14 Apr 66, per Special Order G-287, the applicant was awarded the Purple Heart for wounds incurred on 13 Apr 66, as a result of action by a hostile foreign force.

On 18 Jun 66, the applicant was furnished an honorable discharge from Bien Hoa Air Base, Republic of Vietnam (RVN); however, he continued to serve.  This DD Form 214 indicates:  4 years of active service, and 1 year and 10 months foreign and/or sea service.

On 18 Jul 78, the applicant was placed on the temporary disability retired list and was credited with 16 years and 1 month of active service to include 1 year and 3 months foreign and/or sea service.

On 15 Mar 07, the Secretary of the Air Force approved establishment of the Air Force Combat Action Medal to recognize any military member of the Air Force (Airman Basic through Colonel) who actively participated in combat (ground to air).  The principal eligibility criteria is that the individual must have been under direct and hostile fire while operation in unsecured space (outside the defended perimeter), or physically engaging hostile forces with direct and lethal fire.  The AFCAM may be awarded for qualifying service from 11 Sep 01 to a date to be determined, Retroactive awards prior to 11 Sep 01 are not authorized.

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 administrative corrections for the following:

	1)  The Purple Heart (PH),

	2)  The Presidential Unit Citation (PUC),

	3)  Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA w/1BOLC),

	4)  Air Force Good Conduct Medal with four Bronze Oak Leaf Clusters (AFGCM w/4BOLC),

	5)  National Defense Service Medal (NDSM),

	6)  Vietnam Service Medal with three Bronze Service Stars (VSM w/3BSS),

	7)  Air Force Longevity Service Award with three Bronze Oak Leaf Clusters (AFLSA w/3BOLC),

	8)  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and

	9)  The Vietnam Campaign Medal (VCM).

AFPC/DP3SP recommends denying the remainder of the application; specifically for the Combat Readiness Medal (CRM), based on his period of service, as there is no official documentation in the record to verify the applicant met the CRM eligibility requirements.  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 11 Sep 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.  With regard to the applicant’s request for combat action, the Board notes the applicant’s service predates the Combat Action Medal eligibility criteria and that his DD Form 214, separation date of 18 Jun 66, already reflects his service in Vietnam as it shows his installation at Bien Hoa Air Base, RVN, and any further relief is not warranted.  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-2016-03387 in Executive Session on 16 May 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 18 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 06 Feb 17, w/atch.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Sep 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.