RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01092

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty be corrected to reflect the following:

a.	Air Force Presidential Unit Citation (PUC).

b.	Air Force Outstanding Unit Award (AFOUA).

c.	Vietnam Service Medal  (VSM) (will be administratively corrected to reflect VSM 
                   with two Bronze Service Stars (VSM w/2BSS). 

d.	Small Arms Expert Marksmanship Ribbon (SAEMR) (will be administratively corrected).

e.	Republic of Vietnam Campaign Medal (RVNCM) (will be administratively corrected). 

APPLICANT CONTENDS THAT:

He served in Vietnam during the periods 1972 and 1973; however, his medals were never included on his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Air Force on 16 Feb 71.  He was credited with 3 years, 2 months and 17 days of active service and 1 year and 1 month of Foreign Service.  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 denial of the applicant’s request for award of the PUC and AFOUA, indicating they were unable to locate any official documentation verifying any units he was assigned to received either award.

DP3SP was able to verify the applicant’s entitlement to the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), VSM w/2BSS, SAEMR and the RVNCM for his service from 16 Feb 71 to 2 May 74 and were not reflected in his records.  Upon final board decision, DP2STM will administratively correct the applicant’s records.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 8 May 18 for comment (Exhibit D), 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 or injustice.  The Board notes the administrative relief that AFPC/DP3SP will render.  For the remaining requests, the Board concurs with the rationale and recommendation of AFPC/DP3SP 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, the Board recommends against correcting the applicant’s record, beyond the administrative relief noted above.

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-2017-01092 in Executive Session on 14 Jun 18.

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Mar 17
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 13 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 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.