RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04359

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge From Active Duty be corrected to reflect the following:

a.	Republic of South Korea Presidential Unit Citation [sic].

b.	Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) (will be administratively corrected).

c.	Republic of Vietnam Campaign Medal (RVNCM) (will be administratively corrected). 

d.	Block 12a, Date Entered AD This Period be corrected to read 16 Jul 71 versus 16 Jul 75.

APPLICANT CONTENDS THAT:

His second enlistment date reflects 6 Jul 75 [sic]; however, it should reflect 16 Jul 71 and the aforementioned medals are missing from his retirement DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  The applicant served in the Regular Air Force from 13 Oct 64 to 12 Oct 70 and was credited with 2 years, 4 months and 10 days of Foreign 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 recommends denying the applicant’s request for award of the Republic of Korea Presidential Unit Citation, indicating they were unable to verify the applicant served with a unit that received award of the Presidential Unit Citation – Korea while assigned to the unit.  

DP3SP was able to verify the applicant’s entitlement to the Air Force Longevity Service Award with one Silver Oak Leaf Cluster,  Air Force Good Conduct Medal with one Silver Oak Leaf Cluster and two Bronze Oak Leaf Clusters,   Korean Defense Service Medal, Vietnam Service Medal with four Bronze Service Stars, and the RVNGC w/P for his service from 13 Oct 64 to 11 Aug 68 and 16 Jul 71 to 31 Jan 92.  Upon final board decision, DP2STM will administratively correct the applicant’s records.  

AFPC/DP2LT recommends denying the applicant’s request to correct his DD Form 214, Block 12a Date of Entry to reflect 16 Jul 71, since a DD Form 214 already exists covering this period of service.  The complete advisories are at Exhibits C and D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 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 avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and AFPC/DP2LT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  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, aside from the administrative corrections, 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-2016-04359 in Executive Session on 12 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 6 Sep 17.
Exhibit D:	Advisory opinion, AFPC/DP2LT, w/atchs, dated 3 Oct 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 13 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.