RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01377

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was awarded the following decorations, medals, and citations:

1.  Air Force Outstanding Unit Award (AFOUA). (Administratively Resolved)

2.  Vietnam Service Medal (VSM).

3.  Small Arms Expert Marksmanship Ribbon (SAEM).

4.  Republic of Vietnam Campaign Medal (VCM).

5.  Airman Aircrew Member Badge. 

APPLICANT’S CONTENTIONS

He traveled into Vietnam on many occasions, approximately 120 overnight stays in Vietnam, and was issued the aforementioned ribbons, awards, and medals while in the service.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force sergeant (E-4).

On 11 Sep 64, the applicant initially entered the Regular Air Force.

On 10 Sep 68, the applicant was honorably discharged, having served 4 years of active service, to include 1 year and 1 month of foreign service duty. 

On 27 Aug 21, AFPC/DP3AM provided the applicant a “Boots on Ground” (BOG) letter, to be used as proof of his foreign service time in Taiwan and the Republic of Vietnam. (Exhibit D) 

For more information, see the excerpt of the applicant’s record at Exhibit B, the advisories at Exhibits C and E, and the BOG letter at Exhibit D.    

AIR FORCE EVALUATION

AF/A3TM recommends denying the applicant’s request for permanent award of the Aircrew Member Badge.   A Review of the available documentation and analysis of the facts, there is not sufficient evidence of an error.  The applicant did not meet the requirements of AFM 35-13, Flying Status, Aeronautical Ratings Designations and Parachute Jump Status, dated 10 Sep 62, for permanent award of the Aircrew Member Badge.  As a non-crew member, the applicant was authorized to wear the Aircrew Member Badge so long as he remained on status (Aeronautical Orders).  The Aircrew Member Badge is permanently awarded only when a member (1) Maintains an aircrew AFSC for 36 months, (2) Unable to further perform aircrew duties due to being wounded by enemy actions, (3) Injured as a result of an aircraft mishap, (4) Participated in 10 combat sorties as an aircrew member.  The applicant was designated as non-crewmember with an Assistant Crew Chief AFSC (43151F) on Aeronautical Orders.  Additionally, the 280 flight hours in the applicant’s records are the total hours the aircraft was flown as a result of his support as the Aircraft Mechanic Crew Chief, not flown by himself.  

The complete advisory opinion is at Exhibit C

AFPC/DP3SP recommends denying the application in regards to award of the VSM, VCM, and the SAEM.  While they were able to verify and administratively resolve the award of the Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster, they were unable to verify award of the other aforementioned awards.  

Per AFMAN 36-2806, Awards and Memorialization Program, to qualify for the VSM, a member must meet one of the following qualifications: 1) Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.  2) Be attached to or regularly serve for 1 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. 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.

Per AFMAN 36-2806, to qualify for the VCM, The Secretary of Defense approved acceptance and wear of the medal on 7 Feb 66.  The VCM was awarded to members of the U.S. Armed Forces who between 1 Mar 61 and 28 Mar 73 who served for 6 months in South Vietnam during the above dates.

Per AFMAN 36-2806, the SAEM is awarded to regular Air Force, 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, an appropriate course prescribed in other Air Force Instructions, other Military Services’ qualification course, or who satisfactorily complete the Combat Rifle program.

Based on the provided documentation, the applicant did not meet the required criteria for award of the VSM, VCM, or SAEM.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 28 Sep 21 for comment (Exhibit F), 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 AF/A3TM and AFPC/DP3SP, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, other than award of the AFOUA which was administratively resolved, the applicant did not meet the requirements of AFM 35-13, Flying Status, Aeronautical Ratings Designations and Parachute Jump Status, dated 10 Sep 62, for permanent award of the Aircrew Member Badge, nor meet the requirements of AFMAN 36-2806, Awards and Memorialization Program, for award of the VSM, VCM, or SAEM.  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-2019-01377 in Executive Session on 30 Nov 21:

, 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 11 Dec 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AF/A3TM, dated 4 Aug 21.
Exhibit D:	BOG Letter, AFPC/DP3AM to Applicant, dated 27 Aug 21.  
Exhibit E:	Advisory Opinion, AFPC/DP3SP, dated 25 Sep 21.
Exhibit F:	Notification of Advisory, SAF/MRBC to Applicant, dated 28 Sep 21.
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-01377, as required by AFI 36-2603, paragraph 4.11.9.