RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00760

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect Foreign Service time in Vietnam along with the associated medals.

APPLICANT CONTENDS THAT:

He was sent on a temporary duty (TDY) assignment for two-weeks to Tan Son Nhut Air Base, Vietnam; however, his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect his awards.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 Oct 66 and was discharged on 
2 Oct 70.  He was credited with 1 year and 24 days Foreign Service time.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C and D.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the applicant’s request for all medals for his service in Vietnam.  However, they were able to verify the applicant’s eligibility for award of the Air Force Outstanding Unit Award with Valor (AFOUA w/V) and his records will be administratively corrected after the Board’s final decision.  The complete advisory is at Exhibit C.

AFPC/DP3AM recommends denying the applicant’s request for Foreign Service time in Vietnam.  A review of the applicant’s master personnel records and the information provided did not contain information that reflects he served in Vietnam.  However, they were able to verify Foreign Service in Taiwan.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 May 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and AFPC/DP3AM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, aside from the administrative correction, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-00760 in Executive Session on 21 Jun 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 13 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, w/atch, dated 13 Mar 18.
Exhibit D:	Advisory opinion, AFPC/DP3AM, dated 18 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 9 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.