RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01467

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Report of Separation from Active Duty, in conjunction with his 15 Jun 74 discharge, be corrected to reflect the following:

Foreign Service in the Republic of Vietnam, the Republic of the Philippines, Taiwan, Guam, Okinawa and Thailand (Partially administratively corrected)

Award of the Vietnam Campaign Medal (VCM)

Award of the Vietnam Service Medal (VSM) (administratively corrected)

Award of the Republic of Vietnam Gallantry Cross with Palm Ribbon (RVGCM w/palm) (administratively corrected)

Award any other unit citations earned

APPLICANT’S CONTENTIONS

His DD Form 214, does not reflect his 18 months of active duty overseas and combat support during the Vietnam War nor does it reflect corresponding medals and unit citations.  He was stationed at Kadena AB, Okinawa from Dec 72 to Jun 74 and while there, he flew several combat support missions in the Vietnam War effort.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

On 9 Aug 19, AFPC/DP3AM provided a boots on ground (BOG) letter to the applicant for service in Okinawa and Thailand.

On 28 May 20, AFPC/DP3SP determined the applicant was eligible for and awarded the VSM and RVGCM w/palm.

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

AIR FORCE EVALUATIONS

AFPC/DP3AM recommends denying the applicant’s request for Foreign Service time in the Republic of Vietnam, the Republic of the Philippines, Taiwan or Guam.  The information provided and the applicant’s master personnel records confirm Foreign Service in Okinawa and Thailand, but does not contain information that reflects the applicant served in the other locations.

The complete advisory opinion is at Exhibit C.

AFPC/DP3SP verified award of the VSM and RVGCM w/palm but was unable to verify award of the VCM.  Per Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, 10 Jun 19, A12.9.5. The Republic of VCM was awarded to members of the U.S. Armed Forces who between 1 Mar 61 and 28 March 73 who: served for 6 months in South Vietnam during the above dates or, who 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.  Based on verification of service in Okinawa, and Thailand, award of the VSM and RVGCM w/palm can be confirmed.  However, the VCM is unable to be confirmed therefore, recommend disapproval of the request for award of the VCM as unable to verify applicant was in the area of eligibility for an aggregate of 6 months for award of the VCM.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS

The Board sent copies of the advisory opinions to the applicant on 28 May 20 for comment (Exhibit E), 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 recommendations of AFPC/DP3AM and 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 recommends against correcting the applicant’s records beyond that already granted administratively.

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-2019-01467 in Executive Session on 3 Jun 20:

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 12 Mar 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 9 Aug 19.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 28 May 20.
Exhibit E:	Notification of advisories, SAF/MRBC to applicant, dated 28 May 20.

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.