RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00815

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Award of the Vietnam Service Medal (VSM). 

APPLICANT’S CONTENTIONS

The medal was omitted when he was out-processing from the military.  He was assigned to the area of operations, both Taiwan and Okinawa, sent on temporary duty (TDY) to Vietnam as a crew chief, and has special orders and statements of corroboration from the two retired airmen who are also named on the special orders. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman second class (E-3).

On 23 Nov 65, according to the applicant’s AF Form 7, Airman Military Record, block 2, Foreign Service, he departed Okinawa, and on 3 Mar 66, he departed Taiwan.   

On 10 Aug 66, according to DD Form 214, Report of Separation from Active Duty, the applicant was credited with 1 year, 10 months and 25 days of active service, with 8 months and 15 days of foreign service.

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/DP3AM recommends denying the applicant’s request to have his record corrected to reflect service in Vietnam since his record did not contain information that reflects he served in Vietnam.  However, they were able to verify and confirm the applicant’s Foreign Service time in Taiwan and Okinawa.  

The complete advisory opinion is at Exhibit C.  

AFPC/DP3SP recommends denying the applicant’s request for the VSM due to being unable to verify the applicant’s service in Vietnam.  While AFPC/DP3AM was able to verify and confirm the applicant’s Foreign Service time in Taiwan and Okinawa, they were unable to verify any foreign service in the Republic of Vietnam. 

The VSM is awarded to any member of the U.S. Armed Forces serving in Vietnam, contiguous waters, or air space, including service in Thailand, Laos, Cambodia, or their air space, on or after 4 Jul 65 through 28 Mar 73.  Although the applicant provided some documentation, AFPC/DP3SP was unable to verify service in Vietnam.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent the advisory opinions to the applicant on 13 Oct 20 for comment (Exhibit E), 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/DP3AM and 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-2018-00815 in Executive Session on 17 Dec 20:

Mr. Panel Chair 
Ms. Panel Member
Ms. Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Mar 16 and 4 Apr 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 16 Jan 19.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 11 Oct 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 13 Oct 20.

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.