RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-00807

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflect the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

APPLICANT’S CONTENTIONS

He served as a Jet Engine Mechanic while assigned to the xxxxxxx, xxxxxxx, .  His unit directly supported operations in Vietnam and he installed and repaired engines on the C-130 aircraft during this period.

In support of his request, the applicant provides copies of his DD Form 214, AF Form 910, TSgt, SSgt, and Sgt Performance Report, and a historical document describing his wing’s involvement during the Vietnam Era period.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).  He was credited with 3 years, 9 months and 24 days of total active service and 1 year, 2 months and 29 days of Foreign
and/or SEA service.

On 18 September 1969, according to AF Form 7, Airman Military Record, the applicant was assigned to the xxxxxx.

The applicant’s AF Form 910 for the period ending 24 January 1970 states, “Recently he was selected for TDY to Southeast Asia to support this Wing’s mission.”

Medical and dental documentation reflect the applicant was assigned to xxxxxxxxx, during the period 23 September 1969 to 27 November 1970.

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

APPLICABLE AUTHORITY

AFMAN 36-2806, Awards and Memorialization Program.  The Vietnam Service Medal was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 July 1965, and before 28 March 1973.  In addition, personnel serving in
Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same period also were eligible for the Vietnam Service Medal.  To be eligible, a service member must be:  permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more, days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive days or 60 non-consecutive days.

The Republic of Vietnam Campaign Medal is awarded to members of the United States Armed Forces who, between 1 March 1961 and 28 March 1973, 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 January 1973, and served in Vietnam for the entire period between 29 January 1973 to 28 March 1973.

AIR FORCE EVALUATION

AFPC/DP1SSP recommends denying the application.  After a thorough review of the official military personnel record, they were unable to verify award of the Vietnam Service Medal and Vietnam Campaign Medal.  The documents provided did not support verification of the applicant’s specific request.  They asked the applicant to provide additional source documents such as paid travel vouchers, AF Form 7, and/or AF Form 104, Service Medal Award Verification, placing him in the area of responsibility.  They advised the applicant if the requested documentation was not received within 30 days of the date of their letter, his request would be referred to the Air Force Board for Correction of Military Records (AFBCMR).  The applicant did not respond.

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 3 April 2020 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/DP1SSP 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-2019-00807 in Executive Session on 28 May 2020:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 September 2018.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP1SSP, dated 14 January 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 April 2020.

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.