RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-05116

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

He be allowed to exchange one of his Armed Forces Expeditionary Medals (AFEM) for the Vietnam Service Medal (VSM). 

APPLICANT CONTENDS THAT:

He was awarded three AFEMs for his participation in Operations EAGLE PULL, FREQUENT WIND, and MAYAGUEZ; however, he was not aware he could exchange one for the VSM.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  He was retired effective 1 Feb 93 with credit for 20 years and 13 days of active 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 application.  In accordance with §542, Public law 107-314, the VSM may be exchanged for the AFEM for participation in Operation FREQUENT WIND.  The applicant served in Thailand from 19 Aug 74 to 17 Sep 75; however, there is no official documentation verifying he served in direct support of Operation FREQUENT WIND, which occurred in Vietnam.  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 7 Mar 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted 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 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).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  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-2016-05116 in Executive Session on 10 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, dated 23 Dec 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 16 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 7 Mar 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.