RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04754

XXXXXXXXXXXXXXXXX	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 add the following:

	1. Foreign Service time in the Republic of Vietnam.

	2. The Vietnam Service Medal.

	3. The Vietnam Campaign Medal.

APPLICANT CONTENDS THAT:

His service in Vietnam and the medals were erroneously omitted from his DD Form 214.  His service record reflects that he was on temporary duty to Vietnam for approximately three months during the latter part of 1967.  He would like his DD Form 214 to accurately reflect his Vietnam service and medals so that he can join the Veterans of Foreign Wars (VFW).  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 20 January 1964 to 19 January 1968 and he was credited with 1 year, 2 months, and 15 days of Foreign Service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP3AM recommends denying the application.  They are unable to verify Foreign Service in the Republic of Vietnam.  The applicant’s official military record did not contain any documentation to substantiate Foreign Service time in the Republic of Vietnam.  The complete advisory is at Exhibit C.

AFPC/DP3SP recommends denying the applicant’s request for the Vietnam Service Medal (VSM).  The VSM is awarded to any United States Armed Forces service member who served in Vietnam, contiguous waters, or air space, including service in Thailand, Laos, Cambodia, or their air space, on or after 4 July 1965 through 28 March 1973.  There is no official documentation within the applicant’s official military record verifying he was in the area of eligibility for award of the VSM.

AFPC/DP3SP recommends denying the applicant’s request for the Vietnam Campaign Medal (VCM).  The VCM is awarded to United States Armed Forces service members who, between 1 March 1961 and 28 March 1973, served for 6 months in South Vietnam, or, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months.  There is no official documentation within the applicant’s official military record verifying he was in the area of eligibility for award of the VCM.  AFPC/DP3SP was able to verify the applicant’s eligibility for the Air Force Outstanding Unit Award and the Air Force Longevity Service Award and his records were administratively corrected.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 11 July 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.

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/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.  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-2016-04754 in Executive Session on 16 August 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 21 November 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 6 October 2017.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 6 December 2017.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 July 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.