RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-00406

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO	

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect award of the:

	Armed Forces Expeditionary Medal (AFEM)
	Vietnam Service Medal

APPLICANT CONTENDS THAT:

He deployed to the Philippines and performed expeditionary operations.  He also deployed to Thailand in support of the Vietnam War and performed expeditionary operations.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman.

The AFEM, established by Executive Order (EO) 10977, recognizes service members who, after 1 Jul 58, participate, or have participated, in designated U.S. military operations and encounter, incident to such participation, foreign armed opposition or the imminent threat of hostile action by foreign armed forces.

Created by EO 11213, 8 Jul 65, the Vietnam Service Medal is awarded to all service members of the armed forces who between 4 Jul 65 and 28 Mar 73, served in the following areas of Southeast Asia:  Vietnam and the contiguous waters and airspace; Thailand, Laos, or Cambodia; or the airspace thereof and in the direct support of military operations in Vietnam.

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

AIR FORCE EVALUATION:

The AFBCMR staff did not request an advisory opinion.

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 the applicant is not the victim of an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  After a review of the applicant’s military human resources record, there is insufficient evidence the applicant participated in operations designated for award of the AFEM.  Additionally, the applicant’s deployment to Thailand was outside the eligibility period for award of the Vietnam Service Medal.  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.

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-2018-00406 in Executive Session on 20 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 26 Jan 18.
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 of Docket Number BC-2018-00406 required by AFI 36-2603, paragraph 4.11.9.