RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01660 N COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect: a. He served in Vietnam b. He receive any Vietnam service awards he may be entitled to. APPLICANT CONTENDS THAT: The appropriate medals and ribbons are not reflected on his DD Form 214, Report of Separation from Active Duty. He served honorably in Vietnam. He served his country during a time when being a veteran was not seen in the best light. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 8 Sep 71, the applicant commenced his enlistment in the Regular Air Force. According to the applicant’s performance reports he was stationed at Clark AFB, Philippines from 16 Feb 74 to 15 Feb 76. On 28 Nov 76, the applicant was furnished an honorable discharge, and was credited with 5 years, 2 months, and 21 days of active service. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice. They confirmed the applicant’s boots on ground in the Philippines, but were unable to confirm any service in Vietnam. A review of the applicant’s military personnel records failed to substantiate he served in Vietnam. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial for award of the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM) indicating there is no evidence of an error or an injustice. The VSM is awarded to all service 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 (TDY) for 30 consecutive or 60 non-consecutive days. These time limitations may be waived for personnel who participated in actual combat operations. The RVCM is awarded to members of the U.S. Armed Forces who, during the period 1 Mar 61 through 28 Mar 73, served for six months in South Vietnam, or, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam (RVN) Armed Forces for an aggregate of six months. Only members of the U.S. Armed Forces who meet the criteria established for the Armed Forces Expeditionary Medal (AFEM) or the VSM during the period of service are considered to have contributed direct combat support the RVN Armed Forces; or, did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty, but later rescued or released, killed in action or in the line of duty; or were assigned in Vietnam on 28 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73. After a thorough review of the applicant’s military personnel record they were unable to verify award of the VSM or RVCM or any other awards associated with service in Vietnam. There was no evidence found showing the applicant met the criteria for award of the VSM or RVCM. However, the applicant’s entitlement to the Air Force Outstanding Unit Award (AFOUA) was verified and his records will be administratively corrected to add the AFOUA. 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 28 Oct 15, 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/she 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 would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, 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-2015-01660 in Executive Session on 22 Jan 16, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01660 was considered: Exhibit A. DD Form 149, dated 15 Apr 15. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPAPP, dated 19 May 15. Exhibit D. Memorandum, AFPC/DPSID, dated 6 Oct 15. Exhibit E. Letter, SAF/MRBR, dated 28 Oct 15. 4