RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03518

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to reflect awards received during his support of the Vietnam evacuation.

APPLICANT CONTENDS THAT:

He never received the awards for supporting Operation New Life during the period of 05 Jul 74 to 05 Oct 75 and wants this reflected in his records.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 30 Aug 76, the applicant received an honorable discharge.  He was credited with 4 years, 5 months, and 4 days active service to include 2 years and 3 months foreign and/or sea service.  Per Block 19, “yes” is marked indicating 810 days Indochina or Korea Service since 05 Aug 64.

On 4 Sep 75, per Air Force Form 910, TSGT, SSGT and SGT Performance Report, the applicant was assigned to the 43rd Civil Engineering Squad stationed at Andersen AFB, Guam from 29 May 75 to 03 Sep 75, with prior AF Forms 910 showing the applicant arrived in Guam on 29 May 74.

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 had completed an administrative correction for the Air Force Outstanding Unit Award (AFOUA).

AFPC/DP3SP recommends denying the remainder of the application.  After a thorough review of the applicant’s official military personnel record, AFPC/DP3SP was unable to verify any other awards, decorations or ribbons eligibility.  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 16 Oct 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.  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.  The Board also agrees that a complete records review has been conducted with no evidence of eligibility for any additional awards, decorations or ribbons.  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-2016-03518 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 26 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, w/atch, dated 05 Oct 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 16 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.