RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02122

XXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Report of Separation from Active Duty, be amended to include:

a.	Vietnam Service Medal
b.	Vietnam Campaign Medal

APPLICANT’S CONTENTIONS

He was assigned to the XXX Combat Support Group, Taiwan, from 31 Jan 73 to Feb 74.  He is in jeopardy of losing his Veterans Foreign War membership without the medals reflecting on his DD Form 214.      

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard master sergeant (E-7) receiving retired pay.

On 29 Jan 89, according to National Guard Bureau 22 (NGB), the applicant was placed in the Retired Reserve Section having served 20 years, 3 months and 1 day total service for pay.  

On 4 Jun 19, AFPC/DP3AM forwarded a memo to the applicant indicating they were able to verify and confirm his boots on ground foreign service time in Taiwan, but unfortunately were unable to determine the inclusive dates of the foreign service.  They were unable to determine the correct amount of Foreign Service time reflected on his DD Form 214.  However, since specific locations are not annotated on a member’s DD Form 214, the applicant was provided a letter as proof of “boots on ground” for Taiwan.      

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.  After a thorough review of the applicant’s official military personnel record and provided documentation, they were unable to verify the applicant entered the area of eligibility (AOE) during the inclusive period for award of the Vietnam Service Medal or the Vietnam Campaign Medal.  Taiwan is not in the AOE for award of the Vietnam Service Medal or the Vietnam Campaign Medal.  To grant relief would be contrary to the criteria established by DoDI/M 1348.33, DoD Military Decoration and Awards Program, and AFMAN 36-2806, Awards and Memorialization Program.   

Per Air Force Manual 36-2806, The Vietnam Service Medal is awarded to any member of the United States 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.    

Per Air Force Manual 36-2806, The Vietnam Campaign Medal was awarded to members of the United States Armed Forces who between 1 Mar 61 and 28 Mar 73 who served for 6 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 United States 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. 

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 12 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.  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 assertions 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-2019-02122 in Executive Session on 31 May 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 1 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 9 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 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.