RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03504

	COUNSEL: NONE
	
 	HEARING: NO

APPLICANT REQUESTS THAT:

His Vietnam Service Medal (VSM) be included on his DD Form 214, Report of Separation from Active Duty, relative to his separation on 9 Jan 74.

APPLICANT CONTENDS THAT:

He deployed to Korat Royal Thailand Air Force Base in 1973.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired master sergeant from the Vermont Air National Guard.

On 1 May 72, the applicant entered active duty in the Regular Air Force.

On 17 Dec 73, the applicant’s Request for Early Release from Active Duty, under the Palace Chase program, was approved by the 354th Combat Support Group, Myrtle Beach AFB, SC.

On 9 Jan 74, the applicant was released from active duty and furnished an honorable character of service separation.  He was awarded the National Defense Service Medal, and was credited with 1 year, 8 months and 9 days of active service, to include 7 months of foreign service.

On 9 Apr 09, the applicant was furnished an NGB Form 22, Report of Separation and Record of Service, which transferred the applicant to the USAF Reserve Retired List (ANG).  The NGB Form 22 reflected the applicant was awarded the VSM and Republic of Vietnam Campaign Medal.

The VSM is awarded to all members of the Armed Services who between 4 Jul 65 and 28 Mar 73 served in the following areas of Southeast Asia: Vietnam and its contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam.  To be eligible, a service member must have been permanently assigned, attached, or detailed for one, or more days with an organization participating in or directly support ground (military) operations, or have directly participated as a crew member in one or more aerial flights directly supporting military operations, or, have served on temporary duty for 30 consecutive or 60 non-consecutive days.  Those time limitations may be waived for personnel participating in actual combat operations.

For more information, see the excerpts of the applicant’s record at Exhibit B.

AIR FORCE EVALUATION:

The AFBCMR staff did not request an evaluation or advisory.

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 finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  In this regard, the applicant’s record does not reflect service in Thailand and the applicant failed to provide any evidence that reflects service in Thailand.  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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Report of Separation of Separation from Active Duty, in conjunction with his 9 Jan 74 separation,  be amended to reflect the award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal.

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-2016-03504 in Executive Session on 20 Nov 18:

Panel Chair 
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.