RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03539

xxxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect the following:

1.	Foreign Service in the Republic of Vietnam (pending administrative correction).
2.	Award of the Vietnam Service Medal (pending administrative correction).
3.	Award of the Vietnam Campaign Medal (sic).

APPLICANT’S CONTENTIONS

During his tenure with the Department of the Air Force, he served as an aircraft technician on the EC (RC)-121D Super Constellation during project Big Eye in the Sky.  However, he never received the Vietnam Service Medal or Vietnam Campaign Medal for his temporary duty tour in Vietnam.  He is asking that his personnel file be reviewed to either change or update his DD Form 214 to reflect Vietnam service.  It is his belief that his DD Form 214 does not reflect his Vietnam service because the missions he took part in were classified at the time.  He feels he deserves these awards due to the imminent danger during this period of service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman first class (E-4).

On 16 Nov 65, according to AF Form 7, Airman Military Record, the applicant was assigned temporary duty in support of project Big Eye, for a period of 120 days.

On 24 Jun 66, the applicant was furnished an honorable discharge and credited with four years active service, of which four months was Foreign and/or Sea Service.

On 9 Apr 18, HQ AFPC/DP3AM issued the applicant a boots-on-ground letter, verifying his Foreign Service time in the Republic of Vietnam from 16 Nov 65 to 10 May 66, for 5 months and  25 days.  The applicant’s DD Form 214 will be administratively corrected to reflect the Foreign Service period.

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s request for award of the Republic of Vietnam Campaign Medal.

After a thorough review of the applicant’s official military personnel record and provided documentation, the award of the Vietnam Service Medal, with one Bronze Service Star, was verified and will be administratively corrected.

In accordance with Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program:

A12.9.5. The Republic of Vietnam Campaign Medal was awarded to members of the U.S. Armed Forces who between 1 March 1961 and 28 March 1973 who:  served for 6 months in South Vietnam during the above dates or, who served outside the geographical limits of South Vietnam and contributed combat support to the Republic of Vietnam Armed Forces for an aggregate of six months.

Although boots-on-ground in Vietnam was verified for 5 months and 25 days, no location was identified.  Absent a specific location, and verification the applicant served six months or more, his eligibility for award of the Republic of Vietnam Campaign Medal cannot be verified.

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 13 Apr 22 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 applicant’s eligibility for award of the Republic of Vietnam Campaign Medal, in accordance with AFMAN 36-2806, cannot be verified.  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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, except for the aforementioned administrative corrections, 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-2017-03539 in Executive Session on 22 Jun 22:

, 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 24 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 9 Apr 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 Apr 22.

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.