RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02676

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Report of Separation from Active Duty, dated 12 October 1976, be corrected to reflect the following: 

a.  Vietnam Service Medal.

b.  Air Force Outstanding Unit Award (administratively corrected.)

APPLICANT’S CONTENTIONS

He was assigned to a unit that provided direct logistical support to South East Asia combat operations.  He served with that unit between February-October 1971 and therefore is entitled to the Vietnam Service Medal. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

On 12 October 1974, the applicant was honorably discharged in the grade of sergeant (E-4) after serving 4 years of active duty.  The applicant was credited with 2 years, 4 months and 3 days of foreign service.

On 1 April 2019, the AFBCMR staff notified the applicant that his request for the Vietnam Service Medal was forwarded to AFPC for review and/or corrective action and that his case was closed. The applicant was also informed if AFPC was unable to resolve his request, AFPC would resubmit the request to the AFBCMR on his behalf.  

On 12 October 2020, the Board received an AFPC/DP3SP advisory opinion.  In view of the applicant’s original contention and concerns expressed in his 2 July 2018 application, the AFBCMR staff reopened his case in order for the Board to consider his request for award of the Vietnam Service Medal.  

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

APPLICABLE AUTHORITY

Per AFMAN 36-2806, Awards and Memorialization Program, dated 10 June 2019, the Vietnam Service Medal is awarded to any member of the U.S. Armed Forces serving 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.

To qualify for award of the Vietnam Service Medal a member must meet one of the following qualifications: 

•	Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations. 

•	Be attached to or regularly serve for 1 or more days aboard a naval vessel directly supporting military operations. 

•	Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations. 

•	Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request.  A review of the applicant’s Master Personnel Records and documentation submitted failed to provide any documents that substantiate foreign service time in the Republic of Vietnam.

The complete advisory opinion is at Exhibit C. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 7 February 2019 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s request for the Vietnam Service Medal.  The Vietnam Service Medal is unable to be verified as the applicant was not in an area of eligibility for 30 consecutive days or 60 nonconsecutive days.  AFPC/DP3SP states the applicant’s records will be administratively corrected to add the Air Force Outstanding Unit Award.

The complete advisory opinion is at Exhibit E. 

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 October 2020 for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted 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 recommendations of AFPC/DP3SP and AFPC/DP3AM and finds 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 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, aside from the administrative correction to add the Air Force Outstanding Unit Award, 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-2018-02676 in Executive Session on 29 June 2021:

, 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 2 July 2018.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP3AM, dated 5 February 2019.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 February 2019.
Exhibit E:	Advisory, AFPC/DP3SP, dated 12 October 2020.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 20 October 2020.

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.