RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04903

	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 Outstanding Unit Award (Will be administratively corrected).
	b. Small Arms Expert Marksmanship Ribbon (Will be administratively corrected).
	c. Bronze Star
	d. Purple Heart 

APPLICANT CONTENDS THAT:

He was submitted for the Bronze Star and Purple Heart following injuries he sustained during a mortar attack in the Republic of Vietnam.  The Department of Veterans Affairs awarded him a 20 percent disability rating for his injuries.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 25 Jan 63 to 29 Dec 66 and was credited with 11 months and 20 days of Foreign Service.

The applicant submitted no evidence that he had applied to the Purple Heart Review Board before applying to this Board.

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 denial of the Bronze Star and Purple Heart.  There is no evidence the applicant was recommended for or awarded the aforementioned medals.  AFPC/DP3SP was able to verify the applicant’s entitlement to the Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster, the Air Force Good Conduct Medal, the Small Arms Expert Marksmanship Ribbon, the Republic of Vietnam Gallantry Cross with Palm, and the Vietnam Campaign Medal.  Upon final Board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DP2STM.

The complete advisory, with attachment, 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 19 Jan 18 for comment (Exhibit D).  In his response, the applicant contends he only mentioned the Bronze Star because he was injured when he pulled three members to safety during a mortar attack in Tan Son Nhut Air Base, Vietnam.  The applicant’s complete response, with attachments, 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 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.  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 the relief the OPR will administer to the applicant’s record, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  

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-2016-04903 in Executive Session on 1 May 18:

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/atchs, dated 1 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 2 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Jan 18.
Exhibit E:	Applicant’s response, w/atchs, dated 20 Feb 18.

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