RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02563

XXXXXXXXXXXXXX	COUNSEL: XXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The following medals be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

a.	Vietnam Campaign Medal
b.	Airman’s Medal (Administratively corrected)
c.	Air Force Outstanding Unit Award (Administratively corrected)	
d.	Air Force Good Conduct Medal (Administratively corrected)
e.	Vietnam Service Medal (Administratively corrected)

APPLICANT’S CONTENTIONS

His DD Form 214 was updated in 2014 and the medals were verified by Randolph AFB Personnel Records Center as they sent him the medals he earned.  However, they did not send him updated documents reflecting those awards and he has been requesting this documentation for over a year with no results.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On XXXX, according to DD Form 214, the applicant was discharged and credited with 1 year and 25 days of Foreign and/or Sea Service.  Item 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, reflects the National Defense Service Medal.  

On XXXX, according to DD Form 215, Correction to DD Form 214, Certificate of Release from Active Duty, Item 24 was updated to add the Airman’s Medal and Air Force Good Conduct Medal. 

On 7 Dec 18, AFPC/DP3AM (Directorate of Assignments) informed the applicant they verified his service in Taiwan from 17 Jan 68 to 10 Feb 69, for 1 year and 25 days. While assigned to Taiwan they were able to verify his service in the Republic of Vietnam on 16 Oct 68. Since specific locations are not annotated on a member’s DD Form 214, the applicant was informed he could use their letter as proof of boots-on-ground for Taiwan and the Republic of Vietnam.
On XXXXX, according to DD Form 215, dated 30 Sep 21, Item 24 was updated to add the Air Force Outstanding Unit Award with Valor, Vietnam Service Medal with one Bronze Service Star, and the Republic of Vietnam Gallantry Cross with Palm.

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 Republic of Vietnam Campaign Medal and the Small Arms Expert Marksmanship Ribbon.  According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, the Republic of Vietnam Campaign Medal is awarded to members of the United States Armed Forces who, between 1 Mar 61 and 28 Mar 73, served for 6 months in South Vietnam, or, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months.  Only members of the United States Armed Forces who meet the criteria established for the Armed Forces Expeditionary Medal 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, but who, during wartime were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty but later rescued or released, killed in action or in the line of duty; or were assigned in Vietnam on 28 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73. 

According to AFMAN 36-2806 and AFI 36-2654, Combat Arms Program, 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. AF Form 522, Ground Weapons Training Data and USAF Firearms Qualification, or a letter from the small arms marksmanship monitor is used as the source documentation for this award.

After a thorough review of the applicant’s submission and official military record, there is no evidence of an error or injustice.  To grant relief would be contrary to the criteria established by the DoDM 1348.33, Manual of Military Decorations and Awards.

Notwithstanding the above, they verified entitlement to and administratively corrected the applicant’s records to include the following: 

Airman’s Medal
Air Force Good Conduct Medal
Air Force Outstanding Unit Award with Valor
Vietnam Service Medal with one Bronze Oak Leaf Cluster
Republic of Vietnam Gallantry Cross with Palm

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 25 Oct 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.  While the applicant did not request award of the Small Arms Expert Marksmanship Ribbon, AFPC/DP3SP found no evidence he qualified for the award and recommended denying award of the Small Arms Expert Marksmanship Ribbon.  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 corrections noted above, 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-2018-02563 in Executive Session on 3 Mar 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 29 Jun 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 29 Sep 21.  
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 Oct 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.