RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04822

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The National Defense Service Medal be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

APPLICANT CONTENDS THAT:

He served during the Vietnam era and recalls being awarded the National Defense Service Medal after completion of his active duty service; however, the award is not reflected on his DD Form 214.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 6 March 1972, the applicant enlisted in the Air Force Reserve and was ordered to active duty for training on 11 March 1972.  The applicant completed training and was released from active duty on 6 September 1972.

According to DD Form 44, Record of Military Status of Registrant, dated 6 March 1972, the applicant’s period of initial active duty for training was from 11 March 1972 to 6 September 1972.

According to DoDM 1348.33, Volume 2, dated 29 March 2018, the National Defense Service Medal is not authorized for members of the Guard and Reserve Forces [during the Korean and Vietnam War] on short tours of active duty to fulfill training obligations under the inactive duty training program.

According to AFI 36-2803, The Air Force Military Awards and Decorations Program, members called to active duty for training only, are not eligible for the National Defense Service Medal.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the applicant’s requests for the National Defense Service Medal because there is insufficient evidence of an error or injustice in his military record.  In accordance with AFI 36-2803, the National Defense Service Medal is authorized for service during the Vietnam War from 1 January 1961 through 14 August 1974.  While the applicant’s period of active duty service falls between these dates, there is no documentation in his records indicating he served on active duty in response to the Vietnam War.  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 9 January 2018 for comment (Exhibit D), and the applicant replied on 26 and 31 January 2018.  In his response, the applicant contends that his active duty service satisfied Air Force Regulations and Department of Defense guidelines that were in effect in 1972.  Consideration should be given to his active duty service with the 910th Special Operations Group/910th Tactical Fighter Group whose mission was in direct support of the Vietnam War effort.  The applicant’s complete response is at Exhibit E.

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 and injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTS 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-2016-04822 in Executive Session on 1 May 2018:

 Panel Chair
Member
 Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 November 2016.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 28 November 2017.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 9 January 2018.
Exhibit E:	Applicant’s Responses, with attachments, dated 26 January 2018 and 31     
                  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.