RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02098

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The following corrections be made to his DD Form 214, Report of Separation from Active Duty:

	1. Add the following awards to Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  a. The Vietnam Campaign Medal; b. The Air Medal (Will be administratively corrected); 2. Add a statement in Block 27 (Remarks) reflecting that he served in a combat zone.

APPLICANT CONTENDS THAT:

Block 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 indicates that he served for 136 days and therefore, Block 27 should indicate that he served in a combat zone.  In addition, Block 26 should indicate that he was awarded the Vietnam Campaign Medal and the Air Medal for his service in Southeast Asia.  He would like his DD Form 214 to accurately reflect his service so that he can qualify for Veterans Affairs benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 25 July 1969 to 1 June 1974 and he was credited with 4 months and 16 days of Foreign Service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the applicant’s request for the Vietnam Campaign Medal.  There is no official documentation within the applicant’s official military record, verifying he was in the area of eligibility for an aggregate of 6 months in support of the Vietnam Armed Forces for award of the Vietnam Campaign medal.  To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department.  AFPC/DP3SP was able to verify the applicant’s eligibility for the Air Medal with one Bronze Oak Leaf Cluster and his records will be administratively corrected after the Board’s final decision.  The complete advisory is at Exhibit C.

AFPC/DP2STM recommends denying the applicant’s request to add a statement in Block 27 of his DD Form 214 indicating he served in a combat zone.  The DD Form 214 was correctly prepared in accordance with AFM 35-6, Separation Documents and General Separation Procedures.  A statement indicating combat zone service is not an authorized entry in Block 27 of the DD Form 214.  The complete advisory, with attachment, is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 11 May 2018 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted 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 concurs with the rationale and recommendation of AFPC/DP3SP and AFPC/DP2STM 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, beyond the relief already granted administratively, 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-2017-02098 in Executive Session on 14 June 2018:

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

Exhibit A:	Application, DD Form 149, dated 20 April 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 22 January 2018.
Exhibit D:	Advisory opinion, AFPC/DP2STM, w/atch, dated 8 May 2018.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 May 2018.

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