RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02545

XXXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO 	 

APPLICANT'S REQUEST

Her DD Form 214, Report of Separation from Active Duty, be amended to reflect the Vietnam Service Medal.

APPLICANT'S CONTENTIONS

She served during the Vietnam War. 

The applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force senior airman (E-4).

On 9 Jul 74, according to DD Form 4, Enlistment Contract  -  Armed Forces of the United States, the applicant entered the Regular Air Force.

On 2 Feb 78, according to DD Form 214, the applicant separated from the Regular Air Force with 3 years, 4 months and 27 days of active duty service.  She was also credited with 11 months and 24 days of Foreign Service.

For more information, see the excerpt of the applicant's record at Exhibit B.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  In accordance with AFMAN 36-2806, Awards and Memorialization Program, the Vietnam Service Medal is awarded to any service member of the Armed Forces of the United States serving in Vietnam, contiguous waters, or air space, including service in Thailand, Laos, Cambodia, or their air space, on or after 4 Jul 65 through 28 Mar 73 for 30 consecutive days or 60 nonconsecutive days.  The applicant's active duty service dates are from 6 Sep 74 to 2 Feb 78.  The applicant's active duty service is after the award authorization period, rendering her ineligible for award of the Vietnam Service Medal.  To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, and AFMAN 36-2806. 

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 2 Nov 21 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 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-2017-02545 in Executive Session on 19 May 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 19 May 17.
   Exhibit B:	Documentary evidence, including relevant excerpts from official records.
   Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 25 Sep 21.
   Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 2 Nov 21.

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.