RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05290 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ THE APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, issued in conjunction with his 21 Aug 75 discharge, be corrected to add the awards below in Item 26, Decoration, Medals, Badges, Commendations, Citation, and Campaign Ribbons Awarded or Authorized: 1. The Distinguished Unit Citation (DUC). 2. The Presidential Unit Citation (PUC). 3. The Air Force Outstanding Unit Award (AFOUA) with Valor. 4. The Republic of Vietnam Gallantry Cross, with Palm (RVGNC, w/P). (Administratively Corrected) ________________________________________________________________ THE APPLICANT CONTENDS THAT: He feels strongly that his records should be corrected to add the requested awards. The applicant provides no rationale as to why his failure to timely file should be waived in the interest of justice. In support of his appeal, the applicant provides copies of his DD Form 214 and DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 27 Feb 89. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 24 Aug 71, the applicant enlisted in the Regular Air Force for a period of four years. On 21 Aug 75, he was honorably discharged and transferred to the Air Force Reserve. He was credited with 3 years, 11 months, and 28 days of active duty service. He was awarded the National Defense Service Medal (NDSM) and the Air Force Good Conduct Medal (AFGCM). In Aug 77, the applicant was honorably discharged from the Air Force Reserve. On 27 Feb 89, the applicant’s record was corrected to reflect award of the Vietnam Service Medal (VSM). On 24 Mar 14, AFPC/DPSIDR determined that the applicant’s record should be administratively corrected to reflect award of the AFOUA and the RVGNC, w/P. The Presidential Unit Citation (PUC) (formerly known as the Distinguished Unit Citation (DUC)) is awarded to units of the United States Armed Forces for outstanding performance in action against an armed enemy occurring on, or after, 16 Oct 41, for United States Navy and United States Marine Corps units; and on or after 7 Dec 41, for United States Air Force units. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the PUC and the AFOUA with Valor. DPSID was unable to verify the applicant served with a unit that received the requested awards while the applicant was assigned to the unit. However, they were able to verify award of the AFOUA for the applicant's service while assigned to the 355th Munitions Maintenance Squadron which is separate from his request for the AFOUA with Valor. To grant relief would be contrary to the eligibility criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. In addition, based on their review of the applicant's official military personnel record, they determined the AFOUA and the RVGNC, w/P should have been awarded during the applicant's service from 24 Aug 71 to 21 Aug 75. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Apr 14 for review and comment within 30 days (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was 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. The applicant has not shown a sufficient reason for the delay in filing on a matter now dating back over 39 years. Additionally, we are not persuaded the record raises issues of error or injustice which requires resolution on the merits. Therefore, other than the relief that has been already granted administratively, we cannot conclude it would be in the interest of justice to excuse the untimely filing of this portion of the application. ________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-05290 in Executive Session on 9 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05290 was considered: Exhibit A. DD Form 149, dated 8 Nov 13, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 24 Mar 14. Exhibit D. Letter, SAF/MRBR, dated 25 Apr 14. Panel Chair