RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04944

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be authorized to wear the Vietnam Campaign Medal (VCM).  

APPLICANT CONTENDS THAT:

He served 30 consecutive days in country and was awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Gallantry Cross with Palm device.  He feels he should be authorized to wear the VCM.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired technical sergeant (E-6), with 39 years, 5 months, and 11 days’ service for basic pay.  He served in the Air Force, regular and reserve, and in the Army National Guard.

The AF Form 7, Airman Military Record, supplied by the applicant, reflects he was on temporary duty to Southeast Asia during three periods:  23 Nov 65 – 14 Dec 65; 5 Apr 66 – 4 May 66; and 27 Sep 66 – 8 Oct 66.  The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, effective 12 Oct 90, reflects the award of the VSM with eight devices and the Republic of Vietnam Gallantry Cross.

The VCM was awarded to members of the United States Armed Forces who, between 1 Mar 61 and 28 Mar 73, served for six months in South Vietnam or, if outside South Vietnam, contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months.

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

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, the Board concludes the applicant is not the victim of an error or injustice.  The record reflects potentially qualifying service not more than 64 days in aggregate, but the VCM requires six months of qualifying service.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, 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 within the three-year limit, the Board does not find the assertion reasonable.  Given the absence of error or injustice, 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.

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-2017-04944 in Executive Session on 13 Sep 18:

Panel Chair 
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 07 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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