RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-01866

XXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His records be corrected to reflect:

a. Foreign Service in the Republic of Vietnam (Administratively resolved).

b. All appropriate medals.

APPLICANT’S CONTENTIONS

He served in the Republic of Vietnam in December 1966 and January 1967.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 11 June 1964, the applicant enlisted in the Regular Air Force.

The applicant’s performance report for the period 22 October 1965 through 8 May 1966, indicates he was TDY [Temporary Duty Assignment] in the Republic of Vietnam for 50 days.

AF Form 7, Airman Military Record, reflects the applicant was TDY in Southeast Asia from 12 December 1965 to 31 January 1966.  The AF Form 7 further reflects award of the Vietnam Service Medal with two Bronze Service Stars.

On 20 October 1972, the applicant was honorably discharged and credited with 8 years, 4 months and 10 days of active service. 

On 25 October 2019, AFPC/DP1SSP, notified 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 two Bronze Service Stars, as annotated on his DD Form 214, dated 12 October 1968, and the Republic of Vietnam Gallantry Cross with Palm.  The applicant was informed the Republic of Vietnam Gallantry Cross with Palm is an award of a foreign government and is not stocked or issued by the United States Government.  They provided the applicant a listing of commercial sources, should he wish to purchase the medal.

On 7 July 2020, AFPC/DP3AM notified the applicant they were able to verify boots on ground in the Republic of Vietnam; however, they were unable to determine the inclusive dates for the Foreign Service.  It was further noted that specific locations are not annotated on the DD Form 214; therefore a correction to his DD Form 214 is not required.  The applicant was informed he could use their letter as verification for Boots-on-Ground in the Republic of Vietnam.

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

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 notes AFPC/DP1SSP was able to verify award of the Vietnam Service Medal with two Bronze Service Stars, which is already annotated on his DD Form 214, dated 12 October 1968, and the Republic of Vietnam Gallantry Cross with Palm.  In addition, AFPC/DP3AM was able to verify the applicant’s Foreign Service in the Republic of Vietnam and issued him a Boots-on-Ground letter that can be used as verification of his service in the Republic of Vietnam.  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 beyond hat rendered 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-2019-01866 in Executive Session on 1 July 2020:

, Chair, AFBCMR
, 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 31 January 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.