ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00156-2

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board consider his request for the following:

1.  Air Force Good Conduct Medal (Pending administrative correction)
2.  National Defense Service Medal (Already annotated on DD Form 214)
3.  Vietnam Service Medal
4.  Air Force Overseas Ribbon-Long Tour
5.  Small Arms Expert Marksmanship Ribbon.

RESUME OF THE CASE

The applicant is a former Air Force sergeant (E-4), who entered the Regular Air Force on 29 Jun 71

On 8 Sep 74, according to DD Form 214, Report of Separation from Active Duty, the applicant was honorably discharged.  Item 26, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, reflects:  National Defense Service Medal.  He was credited with 1 year and 3 months of Foreign Service.
 
On 9 Sep 74, according to DD Form 214, the applicant entered the Regular Air Force and on 5 Nov 76, he was honorably discharged and transferred to the Air National Guard.  Item 26 reflects: Air Force Longevity Service Award.  He was not credited with Foreign Service.

On 28 Dec 17, the applicant submitted DD Form 149, Application for Correction of Military Record, requesting consideration of Foreign Service in Guam (administratively corrected), the Republic of Vietnam, Thailand and the Republic of the Philippines, and the decorations listed above.   

On 27 Dec 18, the AFBCMR staff notified the applicant his request for decorations, was forwarded to the Air Force Personnel Center (AFPC) for review and/or corrective action and the Board would not consider this portion of his request.   

On 7 Mar 19, the Board considered and denied his request for Foreign Service in the Republic of Vietnam, Thailand and the Republic of the Philippines, finding there was no evidence the applicant served in those locations; therefore,  the Board did not find it in the interest of justice to waive the three-year filing requirement. 

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit F. 

On 25 Sep 21, the Board received an AFPC/DP3SP advisory opinion.  In view of the applicant’s original contention and concerns expressed in his 28 Dec 17 application, the AFBCMR staff reopened their case in order for the Board to consider the requested awards. 

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Vietnam Service Medal, the Air Force Overseas Ribbon - Long Tour and the Small Arms Expert Marksmanship Ribbon.  According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A15.2, the Vietnam Service Medal was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace on or after 4 Jul 65, and before 28 Mar 73.  In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same period also were eligible for the Vietnam Service Medal.  To be eligible, a service member must be: permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; 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 temporary duty for 30 consecutive days or 60 non-consecutive days.  Per memorandum dated 25 Jun 18, the Directorate of Assignments (AFPC/DP3AM) was able to confirm the applicant’s foreign service in Guam, from 2 May 72 to 2 Aug 73; however, they were unable to verify any Foreign Service in Thailand, the Republic of Vietnam and the Republic of the Philippines.  Therefore, the applicant is ineligible for the Vietnam Service Medal.

According to paragraph A14.25.1.1, prior to 6 Jan 86, the Air Force Overseas Ribbon was awarded to Regular Air Force, Air National Guard and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sep 80. Only individuals serving on active duty as of 6 Jan 86 are eligible to have the Air Force Overseas Ribbon applied retroactively for completion of an overseas tour. The applicant’s active duty service was from 29 Jun 71 to 5 Nov 76; rendering him ineligible for award of the Air Force Overseas Ribbon - Long Tour.

Per paragraph A14.33.11 the Small Arms Expert Marksmanship Ribbon is awarded to regular Air Force, Air National Guard and Air Force Reserve members, who, after 1 Jan 63, qualify as “Expert” with either the M-16 rifle (to include the M-4 and GAU-5) or an issued handgun on the Air Force qualification course, an appropriate orientation course prescribed in other Air Force Instructions, other Military Services’ qualification course, or who satisfactorily complete the Combat Rifle Program. There was no documentation provided to verify the applicant qualified as “expert” with the .30 Caliber Carbine or M-16 rifle; rendering him ineligible for award of the Small Arms Expert Marksmanship Ribbon.  To grant relief would be contrary to the criteria established by AFMAN 36-2806.

Notwithstanding, they were able to verify award of the Air Force Good Conduct Medal.  Accordingly, the applicant’s record will be administratively corrected. Additionally, they were able to verify award of the National Defense Service Medal as annotated on the applicant’s DD Form 214, dated 8 Sep 74.

The complete advisory opinion is at Exhibit G.

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 H), 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. Based on the documentation submitted by the applicant, he is not eligible for the requested awards. 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, other than the administrative correction that will be made to the applicant’s records, 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-2018-00156-2 in Executive Session on 21 Jul 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit F:	Record of Proceedings, w/ Exhibits A-E, dated 7 Mar 19.
Exhibit G:	Advisory opinion, AFPC/DP3SP, dated 25 Sep 21. 
Exhibit H:	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.