RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-02185

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, to reflect:

a. The Purple Heart
b. The Vietnam Service Medal (VSM), with three Bronze Service Stars
c. The Air Force Longevity Service Award (AFLSA)

APPLICANT’S CONTENTIONS

His medical records from Da Nang Air Base (AB), Vietnam, dated 6 Sep 66, state he got a puncture wound to his forehead, which had excessive bleeding and left a scar.  He was on the Da Nang AB flight line working on an F-4C Phantom fighter jet when his injury occurred.  They had been informed that a Viet Cong sniper threat was a possibility.

He has been trying for a few years to include three bronze service stars on his VSM, which he believes should match his Air Force Outstanding Unit award with Valor and three bronze oak leaf clusters.  Although it has been many years, the Code of Federal Regulations indicates correction for his VSM with three Bronze Service Stars, one for each campaign during which the unit of assignment participated in combat.  There were three rocket attacks, one on each of the following dates: 27 Feb 67, 15 Mar 67, and 15 Jul 67.  There were three campaigns:  (1) Vietnam Counteroffensive Phase II (1 Jul 66 – 31 May 67); (2) Vietnam Counteroffensive Phase III (1 Jun 67 – 29 Jan 68); and (3) Tet Counteroffensive (30 Jan 67 – 1 Apr 68).

Finally, he served 3 years, 11 months, and 21 days, as shown on his DD Form 214, because he was given orders to take the next flight from Da Nang, Vietnam back to the United States with other airmen.  He was following orders to take this flight from a combat zone to the United States where they processed his honorable discharge.  He would think that the 10 days short of a 4 year volunteer enlistment from a combat zone would make him eligible for the AFLSA.  His transfer to the Air Force Reserve states, “Since you were initially enlisted or inducted after 9 Aug 55, and before reaching your 26th birthday, the law requires that you serve in a Reserve Component for a period which, when added to your period of active military service, will equal a total of six years.”

These errors are because of elapsed time and inefficient communication.  It has been many years since his military service in Vietnam, and he is proud of it. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 21 Jul 67, the applicant was furnished an honorable discharge, with a reserve obligation date of 30 Jul 69, and credited with 3 years, 11 months, 21 days active service.

On 21 Jul 67, according to Special Order XXXX, the applicant was transferred to the Air Force Reserve.

On 30 Jul 69, according to Reserve Order XXXX, dated 30 Aug 69, the applicant was honorably discharged from the Air Force Reserve.

On 5 Nov 18, the applicant was issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, amending Block 24 from “VSM w/1BSS” to “Vietnam Service Medal with two Bronze Service Stars.”

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

APPLICABLE GUIDANCE

Air Force Manual (AFM) 36-2806, Awards and Memorialization Program, paragraph A2.10. Purple Heart:

	A2.10.2.2. Members not reported as casualties through the AFPC Casualty Matters Division may submit a Purple Heart request to their servicing manpower and personnel flight. The manpower and personnel flight ensures the request contains the required documents and forward those documents to AFPC/DP1SSP. The request includes the following: 
A2.10.2.2.1. Signed memorandum from the injured member requesting the Purple Heart and explaining how the injuries occurred. 
A2.10.2.2.2. Signed official medical documentation identifying the source, type, treatment, and date of injury. 
A2.10.2.2.3. A completed DECOR6 signed by the member’s Squadron Commander or equivalent. 
A2.10.2.3. Members and veterans of foreign wars can apply for the Purple Heart if they provide supporting documentation they meet the criteria and have witness statements to confirm their injury was the direct result of enemy action.

Paragraph A14.27.1. (AFLSA) Eligibility.
	
A14.27.1.1.  The award is authorized for active duty personnel based on an aggregate of 4 years of honorable active federal military service with any branch of the U.S. Armed Forces or Reserve components. Reserve Component members are credited with the award for each 4 years of satisfactory military service creditable to a reservist for retirement.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  The applicant was previously awarded the VSM with two Bronze Service Stars for his service in Vietnam from 25 Jul 66 - 24 Jul 67.  Per AFMAN 36-2806, Awards and Memorialization Program, paragraph A15.2.6., a service star is authorized for each campaign.  The designated campaigns the applicant was involved in were the Vietnam Counteroffensive Campaign, Phase II, 1 Jul 66 through 31 May 67 and the Vietnam Counteroffensive Campaign, Phase III, 1 Jun 67 through 29 Jan 68.

The documentation submitted for consideration for award of the Purple Heart does not meet the established criteria for proper review.  The additional documents, dated 2 Jan 18, requesting the Purple Heart still lack the required documentation and cannot be processed as a viable request.  The applicant has not provided any eyewitness statements to confirm injury by the hands of the enemy; therefore, the package is still incomplete.  Also, the medical documents provided, and a recent memorandum from a dermatologist, did not confirm the injury was the direct result of enemy action.  In order for the Purple Heart Review Board to review the request, it must contain the required, specific documentation.

The applicant is ineligible for the AFLSA as his dates of active duty service do not meet the four years of honorable active federal military service.  Reserve component members are credited with the award for each four years of satisfactory military service creditable to a reservist for retirement. They are unable to verify the applicant had any active duty Air Force Reserve time.

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 31 Aug 21 for comment (Exhibit D), and the applicant replied on 1 Sep 21.  In his response, the applicant contended he volunteered for 4 years when he joined the Air Force and volunteered for 12 months in Vietnam.  He was following orders to take the scheduled flight on a commercial chartered aircraft to Norton Air Force Base, California.  

The applicant’s complete response is at Exhibit E.

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/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant does not meet the eligibility requirements for the requested awards.  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-2019-02185 in Executive Session on 10 Nov 21:

, 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 17 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 31 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 31 Aug 21.
Exhibit E:	Applicant’s Response, w/atchs, dated 1 Sep 21.

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.