RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03582

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to reflect award of the Presidential Unit Citation.

APPLICANT CONTENDS THAT:

He was assigned to the 366th Tactical Fighter Wing, Danang Vietnam in May 72 until Jun 72 and his records do not reflect the PUC award.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 05 Jul 77, the applicant received an honorable discharge and was credited with 7 years, 10 months, and 7 days of total active service.

On 31 Jan 73, per Air Force Form 910, TSGT, SSGT and SGT Performance Report, the applicant was assigned to the 6280CSG, stationed in Takhli Royal Thai Air Force Base, Thailand from 27 Jan 72 to 26 Jan 73.  Per comments from the reporting official, “He was transferred here from DaNang Air Base, Republic of Vietnam with the 366th Tactical Fighter Wing.”

Per Order number GB-877, the 366th Tactical Fighter Wing was awarded the PUC for the period 1 Apr 72 to 26 Jun 72.

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 awards:

	1)  Air Force Outstanding Unit Award with Valor (AFOUA w/V)

	2)  Air Force Longevity Service Award with two Bronze Oak Leaf Clusters (AFLSA w/2BOLC)

	3)  Vietnam Service Medal with one Bronze Service Star (VSM w/1BSS)

	4)  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P)

AFPC/DP3SP recommends denying the application for the Presidential Unit Citation.  After a thorough review of the applicant’s official military personnel record, AFPC/DP3SP was unable to locate official documentation to verify he was assigned or attached to a unit that received award of the Presidential Unit Citations while the applicant was assigned to the unit.  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 15 Aug 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 administrative 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.  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-2016-03582 in Executive Session on 23 May 18:

, Panel Chair 
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 01 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, w/atch, dated 14 Jan 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Aug 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.