RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02066

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  Amend his DD Form 214, Armed Forces of the United State Report of Transfer or Discharge, issued on 11 Jan 66 to reflect the Air Medal (AM) and Vietnam Service Medal (VSM) (administratively corrected); and

2.  Amend his DD Form 214, to reflect the Republic of Vietnam Campaign Medal (RVCM).

APPLICANT’S CONTENTIONS

His travel vouchers show he was in temporary duty (TDY) status in Vietnam numerous times. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Reserve sergeant (E-4).

On 29 Apr 65, Aeronautical Order (AO)-33 stated that by verbal order of the Commander, 314th Organizational Maintenance Squadron, the applicant was designated as a noncrew member and required to participate frequently and regularly in aerial flight from 22 Apr 65 to 30 Jun 65.

On 23 Jun 65, AO-47 designated the applicant as a noncrew member required to participate frequently and regularly in aerial flight from 1 Jul 65 to 30 Jun 66.  

On 5 May 20, the Air Force Personnel Center (AFPC) Recognition Team notified the applicant that it was able to verify award of the VSM with two Bronze Stars, but not the RVCM.  Additionally, it noted that the AM was already reflected on the applicant’s DD Form 214 (Exhibit C).   

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

APPLICABLE AUTHORITY

AFMAN 36-2806, Awards and Memorialization Program, 10 Jun 19, paragraph A12.9.5, states the RVCM was awarded to members of the U.S. Armed Forces who, between 1 Mar 61 and 28 Mar 73, served for 6 months in South Vietnam during the above dates; or served outside the geographical limits of South Vietnam and contributed combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months.  Only members of the U.S. Armed Forces who meet the criteria established for the Air Force Expeditionary Medal (Vietnam) or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces (Exhibit F).  

AIR FORCE EVALUATION

AFPC/DP3SP denied award of the applicant’s requested decorations beyond those that had been administratively corrected.  For the RVCM, it was unable to verify award of this medal based on the official record and the documentation provided by the applicant. 

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Aug 20 for comment (Exhibit E), 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.  Specifically, the Board finds the applicant’s service in Vietnam was well short of the 6 months qualifying service for award of the RVCM, with his submitted travel vouchers showing TDY periods in Vietnam from 11-17 Jul 65 and 7 Feb-1 Mar 65.  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).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, 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-2017-02066 in Executive Session on 19 Nov 20:

Mr. Panel Chair
Ms. Panel Member
Ms. Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Memorandum, AFPC Recognition Team, dated 5 May 20.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 9 Aug 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, w/atch, dated 12 Aug 20.
Exhibit F:	Applicable Authority (AFM 36-2806 extract).

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.