RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: 

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

He is requesting recognition and authorization to wear the Vietnam Service Ribbon (Medal).

APPLICANT CONTENDS THAT:

He served in Southeast Asia from Oct 74 to Jul 75 with airmen in his unit who were awarded the Vietnam Service Medal and Ribbon during this time period performing the same duties.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 23 Jul 75, the applicant received an honorable discharge and was credited with 3 years, 17 months, and 14 days active duty to include 9 months, 19 days foreign and/or sea service.

On 22 May 75, per AF Form 910, TSGT, SSGT and SGT Performance Report, the applicant was assigned to Udorn Royal Thai Air Force Base from 31 Jul 74 to 20 May 75.

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 recommends denying the application.  The Vietnam Service Medal was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 July 1965, and before 28 March 1973.  In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the Vietnam Service Medal.  The applicant’s service in the area of responsibility (Thailand) was after the awarding dates.  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 05 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.  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-2016-03781 in Executive Session on 23 May 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 05 Jan 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 05 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 for Docket Number BC-2016-03781.