RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03670

	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 Presidential Unit Citation (PUC),

	2)  the Air Force Outstanding Unit Award w/Valor (AFOUAw/V) (administratively corrected),

	3) the Vietnam Service Medal w/four Bronze Service Stars (VSM w/4BSS) (administratively corrected),

	4) the Air Force Longevity Service Award (AFLSA) (administratively corrected),

	5) the Good Conduct Medal (GCM), and

	6) the Republic of Vietnam Gallantry Cross w/Palm (RVNGC w/P) (administratively corrected).

APPLICANT CONTENDS THAT:

He never received these awards as they were given after his separation on 26 Jan 71.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 26 Jan 71, the applicant received an honorable discharge and was credited with 4 years of active service to include 1 year of foreign and/or sea service.

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 an administrative correction for the Air Force Outstanding Unit Award w/Valor (AFOUA w/V), the Air Force Good Conduct Medal (AFGCM), the Vietnam Service Medal w/four Bronze Service Stars (VSM w/4BSS), the Air Force Longevity Service Award (AFLSA) and the Republic of Vietnam Gallantry Cross w/Palm (RVNGC w/P). 

AFPC/DP3SP recommends disapproval for the Presidential Unit Citation (PUC).  AFPC/DP3SP was unable to locate official documentation in the applicant’s record to verify he was assigned or attached to a unit that received award of the PUC while the applicant was assigned to the unit.  The PUC is awarded to units of the armed forces of the United States and of cobelligerent nations, for extraordinary heroism in action against an armed enemy on or after 7 Dec 41.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as to set it apart from and above other units participating in the same campaign.  The degree of heroism required is the same that which would warrant award of the Distinguished Service Cross to an individual.  

AFPC/DP3SP also recommends disapproval of the Good Conduct Medal (GCM).  The applicant’s dates of service are past the award approval date for award of the Good Conduct Medal; however, his dates of service render him eligible for award of the Air Force Good Conduct Medal.  The GCM is awarded to enlisted members who have honorably completed three continuous years of active military service subsequent to 26 Aug 40, and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity.  This medal is only awarded to Airman prior to the establishment of the Air Force Good Conduct Medal on 1 Jun 63.

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 14 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.  In particular, the Board notes AFPC/DP3SP will administratively correct his records to reflect the Air Force Outstanding Unit Award w/Valor, the Vietnam Service Medal w/four Bronze Service Stars, the Air Force Longevity Service Award and the Republic of Vietnam Gallantry Cross w/Palm.  However, the Board further agrees with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions for the Presidential Unit Citation or the Good Conduct Medal.  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-2016-03670 in Executive Session on 6 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 09 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, w/atchs, dated 14 Dec 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 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.