RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-05197

XXXXXXXXX					COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Campaign Medal.

APPLICANT CONTENDS THAT:

He served at Da Nang AB, Vietnam, from Jan 73 to Mar 73.  When he arrived in Vietnam the peace treaty was agreed to and he did not have a job.  He went from Vietnam to Korea.  He would like benefits for his Vietnam service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.  

The Republic of Vietnam Campaign Medal is awarded to members of the United States Armed Forces who, between 1 Mar 61 and 28 Mar 73, served for 6 months in South Vietnam, or served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months.

On 30 Aug 18, AFPC/DP1SSP was able to verify the applicant’s entitlement to the Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm, and the Korean Defense Service Medal. 

AFPC/DP1SPP was unable to locate documentation verifying the applicant was in the area of eligibility for an aggregate of 6 months.  Their letter to the applicant is at Exhibit C. 

On 5 Sep 18, AFPC/DP2STM prepared a DD Form 215, Correction to the DD Form 214, Certificate of Release or Discharge from Active Duty, which reflects the Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm, and the Korean Defense Service Medal.

On 6 Sep 18, AFPC/DP3AM informed the applicant they were able to verify his boots-on-ground service at Thailand from 22 Mar 73 to 5 Oct 73 for 6 months and 14 days, and the Republic of Korea for 333 days, and the foreign service listed on his DD Form 214 is correct.  Since specific locations are not listed on the DD Form 214, the applicant was instructed to use the letter as proof of his boots-on-ground in Thailand and the Republic of Korea.

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

AIR FORCE EVALUATION:

AFPC/DP3AM recommends denying the application.  They were unable to verify any foreign service in the Republic of Vietnam.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Sep 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3AM 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, the Board recommends against correcting the applicant’s records, beyond that rendered administratively.

THE BOARD RECOMMENDS:  

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-2017-05197 in Executive Session on 23 Oct 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 18 Nov 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFPC/DP1SSP Letter to Applicant, dated 30 Aug 18.
Exhibit D:  AFPC/DP2STM Letter to Applicant, w/atch, dated 5 Sep 18
Exhibit E:  Advisory opinion, AFPC/DP3AM, w/atch, dated 6 Sep 18
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 12 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 regarding AFBCMR Docket Number BC-2017-05197.