RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00978

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Amend his DD Form 214, Armed Forces of the United State Report of Transfer or Discharge, issued on 4 May 73, to reflect award of the Republic of Vietnam Campaign Medal (RVCM) in section 24. 

APPLICANT’S CONTENTIONS

He was boots on ground in Vietnam in 1971 and issued a U.S. Military Assistance Command, Vietnam (MACV) card and Liberty Pass.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

On 8 Aug 19, AFPC/DP3AM confirmed the applicant was in Vietnam from 15 Sep-20 Nov 71. See Exhibit C. 

On 11 Oct 19, the AFPC Recognition Team notified the applicant it was unable to provide administrative relief and requested the applicant provide any additional source documents.  See Exhibit D.   

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

APPLICABLE AUTHORITY

AFMAN 36-2806, Awards and Memorialization Program, 10 Jun 19, paragraph A12.9.5, states the RVCM was awarded to members of the U.S. Armed Forces who, between 1 Mar 61 and 28 Mar 73, served for 6 months in South Vietnam during the above dates; or served outside the geographical limits of South Vietnam and contributed combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months.  Only members of the U.S. Armed Forces who meet the criteria established for the Air Force Expeditionary Medal (Vietnam) or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces.  See Exhibit G. 
	 
AIR FORCE EVALUATION

AFPC/DP3SP was unable to verify award of the Vietnam Campaign Medal based on a thorough review of the official record and the documentation provided by the applicant, and thus recommends denying the application.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 2 Jun 20 for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant did not exhaust all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Furthermore, the Board finds the applicant’s service in Vietnam was well short of the 6 months qualifying service for award of the RVCM in accordance with the applicable authority.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2018-00978 in Executive Session on 18 Nov 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Letter, AFPC/DP3AM, dated 8 Aug 19.
Exhibit D:  Letter, AFPC/DP1SSP, dated 11 Oct 19.
Exhibit E:  Advisory opinion, AFPC/DP3SP, dated 30 May 20.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, w/atch, dated 2 Jun 20.
Exhibit G:	Applicable Authority (AFM 36-2806 extract).

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