RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05487

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

1.  Removal of erroneous references to an Article 15; service credit for his Vietnam Service (administratively resolved); award of the Bronze Star Medal (BSM).

APPLICANT CONTENDS THAT:

There is erroneous paper work that states he received an Article 15.  He was never issued an Article 15.  He served in Vietnam as a member of the Ambush section and received the Presidential Unit Citation (PUC) for Heroism and three Air Force Outstanding Unit Awards with Valor (AFOUA w/V).  He was put in for the BSM in 1969.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force sergeant.  He commenced his enlistment in the Air Force on 31 May 66.

According to the applicant’s AF Form 7, Airman Military Record, his service for the period 16 Sep 66 through 31 Jul 68 was less than honorable and he received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice.

On 7 Nov 69, he was furnished an honorable discharge and was credited with three years, five months and eight days of active duty service and 2 years, 4 months and 29 days of foreign service.

On 18 Apr 18, AFPC/DP3AM notified the applicant that his foreign service time in the Republic of Vietnam was verified and the foreign service time reflected on his DD Form 214 is correct. 

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/DP1SSP notified the applicant that he was not eligible for the BSM based his service for the period in question for the BSM was less than honorable.  Per Title 10 USC Section 6249, no medal, cross, or bar, or associated emblem or insignia may be awarded or presented to any USAF member or their representative, if the member's entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable.  The complete advisory is at Exhibit C.

SAF/MRBP recommends denying the request for the BSM.  He has not exhausted his administrative remedies.  The applicant is ineligible for the BSM in accordance with Title 10 USC, Section 6249.  However, if the Board removes the applicant’s Article 15, he would then be eligible to re-apply for congressional support for the BSM.  However, for his request to be considered for award of the BSM, he needs to provide a signed recommendation from someone with firsthand knowledge of the act/achievement, preferably from his direct chain of command, a proposed citation, a signed narrative citation, and eyewitness statements.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Sep 18, for comment (Exhibit E), but has received no response.

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 concurs with the rationale and recommendation of AFPC/DP1SSP and SAF/MRBP 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.

4.  The applicant has not shown that a personal appearance with or without counsel would materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2017-05487 in Executive Session on 1 Nov 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 16 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFPC/DP1SSP, dated 31 Jul 18.
Exhibit D:	Advisory opinion, SAF/MRBP, 17 Aug 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 19 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.