RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00128

XXXXXXXXXXXXX	COUNSEL: XXXXX	

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, and records be corrected to reflect the following awards:

a.	Vietnam Service Medal (VSM)

b.	Vietnam Campaign Medal (VCM)

APPLICANT’S CONTENTIONS

His service in Thailand is not annotated on his DD Form 214.  Specifically, his VSM and VCM are no longer in his records.  Personnel officials at XXXX (AFB), stated that not being physically on the ground in Vietnam was the reason for the withdrawal of the awards.  He is being led to believe that his service during Vietnam operations at XXXXX, Thailand, warrants eligibility for the awards.  Moreover, awards were provided to other individuals assigned along with him in Thailand during the period of October 1974 to February 1976.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).  

According to documentation provided by the applicant, he was assigned to XXXXXX, Thailand and XXXXX, Thailand.  

On 11 April 2018, the applicant was notified of the suspension of his application to the AFBCMR since pertinent records were not included with his application.  He was advised upon receipt of supporting documentation and his military records from the National Personnel Record Center, the processing of his case would resume.  

On 23 August 2018, the applicant was notified that the processing of his case had resumed.  

On 9 January 2019, the applicant was notified that he had not exhausted other administrative avenues of relief prior to requesting relief from the AFBCMR.  His request was forwarded to the Air Force Personnel Center (AFPC) for review and/or corrective action and his application to the AFBCMR was closed.  

On 29 September 2021, the Administrator of the Air Force Evaluation/Recognition Programs Directorate of Personnel Programs provided the AFBCMR with an evaluation of the applicant’s eligibility for award of the VSM and VCM.   

On 22 October 2021, the applicant’s case processing was resumed.  

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  Based upon a thorough review of the applicant’s official military personnel records and his submitted documentation, eligibility for award of the VSM and VCM could not be verified.  In accordance with (IAW) Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph (para) A15.2, the VSM is awarded to any member of the United States Armed Forces serving in Vietnam for 1 or more days (30 or more days on a temporary duty assignment), contiguous waters, or air space, including service in Thailand, Laos, Cambodia, or their air space, on or after 4 July 1965 through 28 March 1973.  Also IAW AFMAN 36-2806, para. A12.9.5, the Secretary of Defense approved acceptance and wear of the VCM on 7 February 1966.  The VCM was awarded to members of the United States Armed Forces who between 1 March 1961 and 28 March 1973 were assigned in Vietnam on 20 January 1973 and served a minimum of 60 calendar days in Vietnam during the period of 29 January 1973 to 28 March 1973.  

The applicant was assigned to XXXXXX, Thailand between 1 July 1974 and 31 January 1976, which is past each award authorization period.  

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 22 October 2021 for comment 
(Exhibit C), 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.  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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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.

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-2018-00128 in Executive Session on 8 February 2022:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 31 December 2017.  
Exhibit B:	Advisory Opinion, AFPC/DP3SP, dated 29 September 2021.
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 October 2021.

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.