RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-00881

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

a. Vietnam Service Medal.
b. Vietnam Service Commemorative Medal.

APPLICANT’S CONTENTIONS

He was attached to an organization participating in direct support of military operations during the Vietnam War from 1965 through 1967.  Therefore, he should be awarded the contested awards.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

On 31 May 1963, according to DD Form 214, the applicant entered the Regular Air Force for a period of four years.  On 24 May 1967, the applicant was honorably released in the grade of airman first class (E-4) and transferred to the Air Force Reserve.  He was credited with 3 years, 11 months, and 24 days of active service including 1 year, 5 months and 29 days of foreign and/or SEA service.

According to the Air Force Personnel Center (AFPC) Recognition Team, the applicant was advised that after a thorough review of his official military personnel they were unable to verify award of the Vietnam Service Medal.  He was asked to provide additional source documents, such as a travel voucher, AF Form 7, Airman Military Record, AF Form 104, Service Medal Award Verification, and/or evaluation reports placing him in the area of responsibility.  Additionally, the Vietnam Service Commemorative Medal is primarily a celebratory display medal rather than an official award or decoration of the United States Air Force or Department of Defense.  They are not official United States Air Force or Department of Defense awards or decorations. As a courtesy, they provided commercial sources should he wish to purchase the commemorative medals. 

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 the application.  According to  AFMAN 36-2806, Awards and Memorialization Program , paragraph A15.2., the Vietnam Service Medal 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 July 1965 through 28 March 1973.  To qualify for award of the Vietnam Service Medal a member must meet one of the following qualifications: (1) Be attached to or regularly serve for one or more days with an organization participating in or directly supporting military operations; (2) Be attached to or regularly serve for one or more days aboard a naval vessel directly supporting military operations; (3) Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations; or (4) Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.

After a thorough review of the applicant’s official military personnel record they are unable to verify award of the Vietnam Service Medal.  In addition, correspondence was sent to the applicant on 8 May 2020, requesting additional documentation to possibly administratively correct the applicant’s official record and award the Vietnam Service Medal. Unfortunately, as of the date of their evaluation, a response has not been received.  To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806.

Furthermore, The Vietnam Service Commemorative Medal is primarily a celebratory display medal rather than an official award or decoration of the United States Air Force or Department of Defense.  This office cannot verify award of commemorative medals nor can they be updated to his DD Form 214, as they are not official United States Air Force or Department of Defense awards or decorations.  As a courtesy, they have provided commercial sources should the applicant wish to purchase these commemorative medals.  

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 10 January 2022 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).  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-2019-00881 in Executive Session on 19 May 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 10 June 2018.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 30 October 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 10 January 2022.

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.