RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01166

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued on   29 Dec 67, be amended to include the following decorations:

a. Vietnam Campaign Medal.
b. Republic of Vietnam Gallantry Cross with Palm (Administratively corrected).
c. Air Force Good Conduct Medal (Administratively corrected).

APPLICANT’S CONTENTIONS

He was awarded the Vietnam Service Medal; therefore, he should be awarded the Vietnam Campaign Medal.  In addition, he should receive the Air Force Good Conduct Medal since he served honorably.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

On 21 Jul 67 to 17 Nov 67, according to AF Form 7, Airman Military Record, the applicant was assigned to Da Nang, Air Base, Republic of Vietnam for a total of 3 months and 26 days.

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Vietnam Campaign Medal. In accordance with AFMAN 36-2806, Awards and Memorialization Program, the Vietnam Campaign Medal is awarded to members of U.S. Armed Forces who between 1 Mar 61 and 28 Mar 73 served for six months in South Vietnam during the above dates or served outside the geographical limits of South Vietnam and contributed combat support to the Republic of Vietnam Armed Forces for an aggregate of six months. Only members of the U.S. Armed Forces who meet the criteria established for the Air Force Expeditionary Medal (Vietnam) or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces or did not complete the length of service required as listed above, but who, during wartime were either: (1) Wounded by the enemy in a military action, or captured by the enemy during action or in the line of duty, but later rescued or released, or killed in action or in the line of duty; or (2) Were assigned in Vietnam on 20 Jan 73 and who served a minimum of 60 calendar days in Vietnam during the period of 29 Jan 73 to 28 Mar 73. 

They were able to verify the applicant served in the Republic of Vietnam from 21 Jul 67 to 15 Nov 67, for 3 months and 26 days.  However, they were unable to verify the applicant was in the Republic of Vietnam for an aggregate of 6 months; therefore, he does not meet the eligibility criteria for the Vietnam Campaign Medal. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, and AFMAN 36-2806.

Notwithstanding the above, they were able to verify the applicant meets the criteria for award of the Republic of Vietnam Gallantry Cross with Palm and the Air Force Good Conduct Medal. Accordingly, the applicant’s record has been administratively corrected.

The complete advisory opinion is at Exhibit C.

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 D), 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).  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-2018-01166 in Executive Session on 17 Feb 22:

, 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 3 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 25 Sep 21.
Exhibit D:	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.