RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-03221

XXXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflect award of the Vietnam Service Medal. 

APPLICANT’S CONTENTIONS

He served in Cam Ranh Bay, Vietnam for 11 months in 1967 and 1968.  He received tax-free pay for being in a combat area.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

According to DD Form 214 issued 19 August 1968, the applicant served in the Regular Air Force from 26 August 1964 to 19 August 1968.  He was credited with 3 years, 11 months, and 24 days of active service and 1 year and 26 days of Foreign Service time.  

On 5 February 2019, AFPC/ DP3AM advised applicant they were able to confirm Foreign Service in Okinawa, Japan from 23 July 1967 to 18 August 1968.  While assigned to Okinawa, the applicant was sent on temporary duty (TDY) to the Republic of Vietnam; however, they were unable to determine the exact amount of time of this service.  Additional Foreign Service time will not be awarded since the TDY was performed from another overseas location.  The amount of Foreign Service on his DD Form 214 is correct; therefore a correction is not needed.

On 11 November 2019, AFPC Recognition Team notified the applicant they were unable to verify award of the Vietnam Service Medal.  They requested the applicant provide additional documentation indicating he was assigned in the area of responsibility and for how long within 30 days.

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

APPLICABLE AUTHORITY
AFMAN36-2806, Awards and Memorialization Program, 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.  

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After review of the documentation provided and the applicant’s military personnel record, they were unable to verify award of the Vietnam Service Medal.  On 11 November 2019, correspondence was sent to the applicant requesting additional documentation; however, none was received. 

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 27 November 2020 for comment (Exhibit D), 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 recommendation of AFPC/DP3SP 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).  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-2018-03221 in Executive Session on 15 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 22 August 2018.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 24 October 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 November 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.