RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS.


IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01878

 XXXXXXXXXXXXXXX			COUNSEL:  NONE

					HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.  He be issued DD Forms 214, Certificate of Release or Discharge 
from Active Duty, to cover the following periods of active duty: 
(Has been administratively corrected)

      a. 4 -13 March 1966
      b. 23 August-1 September 1966
      c. 13-22 January 1967

2.  His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, be corrected to reflect the Republic of 
Vietnam Campaign Medal (RVCM).


APPLICANT CONTENDS THAT:

He served three active duty missions in Vietnam.  It was the 
practice of the Air National Guard not to issue a DD Form 214 at 
the conclusion of short periods of active duty.  Although the 
first mission occurred prior to the establishment of the RVCM, he 
would like the subsequent DD Forms 214 to reflect award of the 
RVCM.  The Department of Veterans Affairs (DVA) advised him that 
adding the DD Form 214 reflecting his Vietnam Service and 
entitlement to the RVCM would strengthen his DVA benefits case.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

Via Reserve Order EK-3279 dated 2 March 1995, the applicant was 
placed on the Air Force Retired Reserve list effective 1 April 
1995.  He was eligible for retired pay except for attainment at 
age 60.

The RVCM is awarded to members of the United States Armed Forces 
who, between 1 March 1961 and 28 March 1973 served for 6 months in 
South Vietnam, or, 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.  Only members 
of the United States Armed Forces who meet the criteria 
established for the Armed Forces Expeditionary Medal or the VSM 
during the period of service required are considered to have 
contributed direct combat support to the Republic of Vietnam 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 January 1973, and 
served in Vietnam for the entire period between 29 January 1973 to 
28 March 1973.

The remaining relevant facts pertaining to this application are 
contained in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C and 
E.


AIR FORCE EVALUATION:

ARPC/DPTS recommends denial of the applicant’s request for the 
RVCM indicating there is no evidence of an error or an injustice.  
The applicant served on three separate missions; the first for 
11 days from 4 to 14 March 1966, the second for 11 days from 
23 August to 2 September 1966, and the final mission for 10 days 
from 13 to 22 January 1967.  Therefore, he does not meet the 
eligibility criteria for the RVCM.

ARPC/DPTS was able to verify the applicant's entitlement to the 
Vietnam Service Medal with two Service Stars.  Administrative 
correction of the applicant's official military personnel record 
has been completed and a DD Form 215, Correction to DD Form 214, 
Certificate of Release or Discharge from Active Duty, has been 
issued to the applicant.

A complete copy of the ARPC/DPTS evaluation, with attachments, is 
at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 March 2016, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
D).  As of this date, no response has been received by this 
office.


ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPTS has administratively corrected the applicant’s records.  
However, rather than three separate DD Forms 214, the applicant 
has been issued a cumulative DD Form 214, which includes his three 
periods of active duty from 4 to 14 March 1966, from 23 August to 
2 September 1966, and from 13 to 22 January 1967.  The Vietnam 
Service Medal with two Service Stars has been included on the 
cumulative DD Form 214.  Administrative correction of the 
applicant's official military personnel record has been completed 
and a DD Form 214 has been issued to the applicant.

A complete copy of the ARPC/DPTS evaluation, with attachments, is 
at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 9 May 2016, for review and comment within 30 days (Exhibit F).  
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 Correction of military records: claims incident 
thereto, and AFI 36-2603, Air Force Board for Correction of 
Military Records.  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, beyond the relief 
already granted administratively, 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-2015-01878 in Executive Session on 14 June 2016, under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 1 May 2015, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Memorandum, ARPC/DPTS, dated 8 February 2016, 
                  w/atchs.
      Exhibit D.  Letter, AFBCMR, dated 14 March 2016.
      Exhibit E.  Memorandum, ARPC/DPTS, dated 2 May 2016, w/atchs.
      Exhibit F.  Letter, AFBCMR, dated 9 May 2016.