RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01211

XXXXXXXXXX	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 following:

	a. Foreign Service in the Republic of Vietnam  

	b. The Republic of Vietnam Campaign Medal (Administratively corrected)

APPLICANT’S CONTENTIONS

The Department of Veterans Affairs requires the Republic of Vietnam Campaign Medal and the Vietnam Service Medal in order for him to receive benefits.  
  
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force staff sergeant (E-5), who served in the Regular Air Force from 20 April 1966 through 17 April 1970 before being released to the Air Force Reserve.  He was credited with 1 year, 10 months and 4 days of Foreign and/or SEA service.

On 10 June 1969, Headquarters Seventh Air Force PACAF, APO San Francisco 96307 [Tan Son Nhut AB, Vietnam] published Special Order G-2270, indicating the applicant was issued an Air Medal for contributing to the mission of the Air Force in SEA.

On 25 October 1969, Headquarters Seventh Air Force PACAF, APO San Francisco 96307 [Tan Son Nhut AB, Vietnam] published Special Order G-4348, indicating the applicant was issued an Air Medal for contributing to the mission of the Air Force in SEA.

On 3 December 2020, the AFPC Recognition Team advised the applicant that after a thorough review of his official military personnel record they were able to verify award of the Vietnam Service Medal with four Bronze Service Stars 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.

APPLICABLE AUTHORITY

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide. The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.

The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  A review of the applicant’s Master Personnel Records and documentation submitted failed to provide any documents that substantiate Foreign Service time in the Republic of Vietnam.  Although, there are numerous entries in the Master Personnel Record that indicate Southeast Asia, AFPC/DP3AM is unable to determine the location.

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 15 June 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/DP3AM 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, other than the administrative correction to his records, 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-2019-01211 in Executive Session on 17 December 2020:

Mr., Panel Chair
Ms., Panel Member
Ms., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 January 2019. 
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 6 March 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 June 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.