RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05077

XXXXXXXXXXXXXX	COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

His record be corrected to reflect Foreign Service time in the Philippines and Thailand (Administratively Corrected).

His DD Form 214, Certificate of Release or Discharge from Active Duty and Form NA 13059, Transmittal of and/or Entitlement to Awards, be corrected to reflect award of the Vietnam Service Medal (VSM).

APPLICANT CONTENDS THAT:

His temporary duty (TDY) assignment to Utapao Air Base, Thailand, and the resulting VSM were both omitted from his DD Form 214. His Standard Form 600, Chronological Record of Medical Care, reflects he received medical treatment in Thailand on 10 Jun 67. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 19 May 65 to 18 Nov 68 and was credited with one year, six months and five days of Foreign Service.

In a letter dated 10 Sep 18, AFPC/DP3AM was able to verify boots on ground Foreign Service time in the Republic of the Philippines, from 20 Mar 67 to 24 Sep 68. In addition, they were able to verify the applicant served on a TDY assignment to Thailand during the month of June 1967. The amount of Foreign Service time reflected on the applicant’s DD Form 214 is correct.

The VSM was awarded to all service members of the Armed Forces who served in Vietnam or contiguous waters or airspace after 3 Jul 65 and before 28 Mar 73. In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of military operations in Vietnam during the same time could also qualify for the VSM. To qualify, a service member must be permanently assigned, attached or detailed for one or more days to an organization participating in or directly supporting ground (military) operations; be permanently assigned, attached, or detailed for one or more days aboard a naval vessel directly supporting military operations; have actually participated as a crew

member in one or more aerial flights directly supporting military operations; have served on TDY for 30 consecutive or 60 nonconsecutive days. However, these limitations may be waived for personnel participating in actual combat operations.

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, it is the Board’s opinion that the applicant is not the victim of an error and injustice. The Board finds that a preponderance of the evidence does not substantiate the applicant’s request to add the VSM to his DD Form 214 and NA Form 1309. We note, the SF 600 reflects the applicant received medical treatment in Thailand, which places him the country. However, the criteria for the VSM require 30 consecutive days or 60 nonconsecutive days TDY in the area of eligibility. Given the applicant’s records do not reflect he served the aggregate number of days, he has not provided substantial evidence to show that he meets the criteria for award of the VSM. 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, aside from the boots on ground letter to show that he served in the Philippines and Thailand, 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-2017-05077 in Executive Session on 20 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 15 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.