RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04401

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

The following awards be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge:

	a. Air Force Good Conduct Medal (Will be administratively corrected)
	b. Republic of Vietnam Campaign Medal
	c. Vietnam Service Medal
	d. Korean Defense Service Medal

APPLICANT CONTENDS THAT:

AF Form 626, Request and Authorization for Temporary Duty – Military, dated 13 November 1969, is evidence of his service in the Republic of Vietnam.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is former sergeant (E-4) who served honorably in the Regular Air Force from 9 December 1966 to 27 August 1970, and was credited with 1 year, 3 months, and 20 days of Foreign Service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C-D. 

AIR FORCE EVALUATION:

AFPC/DP3AM recommends denying the application.  They cannot verify the applicant’s service in the Republic of Vietnam or the Republic of Korea.  They are able to verify and confirm boots on ground at Clark Air Base, Republic of the Philippines from 7 May 1969 to 26 August 1970, for 1 year, 3 months and 20 days.  The complete advisory is at Exhibit C.

AFPC/DP3SP recommends denying the applicant’s request for the Vietnam Campaign Medal, the Vietnam Service Medal and the Korean Defense Service Medal because he does not meet the eligibility criteria for these awards.  They were able to confirm the applicant’s eligibility for the Air Force Good Conduct Medal.  Administrative correction of the applicant’s official military personnel record will be completed by AFPC/DP2STM.  The complete advisory, with attachment, is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 17 January 2018, for comment (Exhibit E), 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.

2.  The applicant did not exhaust all available avenues of non-judicial relief before applying to the Board.  The Board does not consider applications without documentation showing exhaustion of such avenues of relief.

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 recommendations of AFPC/DP3AM and AFPC/DP3SP and finds that 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.  Therefore, beyond any administrative corrections that will be made to the applicant’s records, 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-2016-04401 in Executive Session on 3 May 2018:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 28 October 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3AM, dated 23 June 2017.
Exhibit D:	Advisory opinion, AFPC/DP3SP, w/atch, dated 21 December 2017.
Exhibit E:	Notification of Advisory, AFBCMR to applicant, dated 17 January 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.