RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01551 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His records be corrected to reflect award of the Vietnam Service Medal (VSM), 2. His records be corrected to reflect award of the Vietnam Campaign Medal (VCM). 3. His records be corrected to reflect foreign service in Vietnam. APPLICANT CONTENDS THAT: He needs Vietnam service on his DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, so that he can receive Veterans Administration benefits. In support of his requests, the applicant provides copies of an email from the Air Force Historical Research Agency indicating his unit was routinely sent to Vietnam during the timeframe in which he served, excerpts from Wikipedia, various photographs, his DD Forms 214, Report of Separation from Active Duty, and envelopes addressed to him at APO 96274. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, on 19 Aug 68, he entered the Regular Air Force. On 15 Oct 73, the applicant received an honorable discharge, and was credited with 5 years, 1 month, and 27 days of total active service. The applicant was not credited with any Foreign service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request for Foreign Service credit in Vietnam. A review of the applicant’s records did not provide any documents to substantiate service time in Vietnam. DPAPP was able to verify foreign service boots on the ground in the Philippines. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request for award of the VSM and VCM. DPSID was unable to locate official documentation to verify the applicant served on temporary duty for 30 consecutive or 60 non consecutive days in the area of eligibility for award of the VSM or contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months for award of the VCM. Additionally, DPSID was unable to verify the applicant’s foreign service in Vietnam. The VSM was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 Jul 65, and before 28 Mar 73. In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the VSM. To be eligible, a service member must be: permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more, days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive days or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations. The VCM is awarded to members of the Armed Forces of the United States who between 1 Mar 61 and 28 Mar 73, served for 6 months in South Vietnam during this period; served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months. The applicant should have been awarded the Air Force Outstanding Unit Award with Valor (AFOUA w/V) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). Upon the Board’s final decision, administrative correction of the applicant’s record will be completed by AFPC/DPSOR. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 5 Jan 16 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice. We also note 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. While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application. Therefore, because we do not find it in the interest of justice to recommend granting relief and the applicant has offered no plausible reason for the delay in filing the application, other than the administrative corrections noted above, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application. Accordingly, we find the application untimely. THE BOARD DETERMINES THAT: 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-2015-01551 in Executive Session on 23 Feb 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01551 was considered: Exhibit A. DD Form 149, undated, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPAPP, dated 19 Aug 15. Exhibit D. Memorandum, AFPC/DPSID, dated 7 Dec 15, w/atch. Exhibit E. Letter, AFBCMR, dated 5 Jan 16.