RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: BC-2019-02210 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING REQUESTED: NO APPLICANT'S REQUEST His DD Form 214, Report of Separation from Active Duty, issued 1 Apr 79, be corrected to reflect the following: a. Vietnam Service Medal (VSM). b. Vietnam Service Ribbon. APPLICANT'S CONTENTIONS He served in XXXXX, XXX from 16 Sep 74 to 16 Jul 75; however, his DD Form 214 does not reflect the awards due to a clerical error. The applicant's complete submission is at Exhibit A. STATEMENT OF FACTS The applicant is a retired Air Force master sergeant (E-7). On 2 Apr 73, according to the DD Form 4, Enlistment Contract - Armed Forces of The United States, the applicant entered active duty. On 1 Apr 79, according to DD Form 214, the applicant was honorably discharged from active duty. He was credited with 6 years of total active service and 8 months and 2 days of Foreign Service time. For more information, see the excerpt of the applicant's record at Exhibit B and the advisory at Exhibit C. AIR FORCE EVALUATION AFPC/DP3SP recommends denying the application. After a thorough review of the applicant's official military personnel record and provided documentation, they were unable to verify the applicant meets the criteria for award of the VSM and the Republic of Vietnam Campaign Medal (RVCM). In accordance with AFMAN 36-2806, Awards and Memorialization Program, dated 10 Jun 19, the VSM is awarded to members of the U.S. Armed Forces who served in Vietnam, contiguous waters or air space, Thailand, Laos, Cambodia between 4 Jul 65 to 28 Mar 73. The RVCM is awarded to members of the U.S. Armed Forces who served for 6 months in South Vietnam between 1 Mar 61 and 28 Mar 73. The applicant's dates of service from 2 Apr 73 to 1 Apr 79 are past the award authorization dates, rendering him ineligible for award of the VSM and RVCM. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806. 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 13 Oct 21 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/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 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-2019-02210 in Executive Session on 30 Jun 22: , 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 1 Apr 19. Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory Opinion, AFPC/DP3SP, dated 9 Oct 21. Exhibit D: Notification of Advisory, SAF/MRBC to Applicant, dated 13 Oct 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.