RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02540

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, effective 31 October 1997, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be amended to reflect the following awards:

a.	Vietnam Service Medal (VSM). (administratively corrected)   
b.	Medals authorized due to his direct support and time served in Vietnam, Thailand, and Cambodia.   

APPLICANT’S CONTENTIONS

His personnel records should be updated to reflect two additional awards.  He was in XXX from 2 November 1974 to 1 August 1975.  He believes he has earned and is entitled to the contested medals for his time served in XXX and the workload supported during the fall of XXX.  He worked in direct support of the mission.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force senior master sergeant (E-8).

According to Special Order No XXX, on 31 October 1997, the applicant was relieved from active duty and retired effective 1 November 1997.  He served 26 years and 16 days total active service for retirement.

According to the AF Form 910, TSGT, SSGT, AND SGT PERFORMANCE REPORT, provided by the applicant, during the period of 2 November 1974 thru 1 August 1975, the following was annotated in Section V. COMMENTS OF REPORTING OFFICIAL: the personal efforts of the applicant in support of the recent operations to evacuate Americans from XXX were commendable.  

On 4 October 2019, according to HQ AFPC/DP3AM, the applicant was advised after a complete review of his official military record and the documentation he provided, there was noted verification and confirmation of his boots on ground Foreign Service time in XXX.  However, no determination could be made of the inclusive dates of this service.  It appears the amount of Foreign Service time reflected on his DD Form 214 is correct.  Since specific locations are not annotated on a member’s DD Form 214, he was provided a letter as proof of “boots on ground” for XXX.  

On 31 October 2019, according to HQ AFPC Recognition Team, the applicant was informed that after conducting a complete review of his official military personnel record, verification could not be made for award of the VSM for his service from 2 November 1974 and 1 August 1975.  However, it appears he was awarded the Armed Forces Expeditionary Medal (AFEM) for this period due to his support of operations in XXX.  He was advised that he could elect to exchange his AFEM for the VSM, within 30 days or he would retain the AFEM.  He was further informed that his dates of service in XXX are past the award authorization dates for award of the Vietnam Campaign Medal (VCM).  

On 18 March 2020, according to AFPC/DP2STM-214, the applicant was provided a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, Item 13, effective 31 October 1997, showing the AFEM with one device (XXX) was removed from his record and the VSM was added.

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 applicant award of the VCM and the Republic of Vietnam Gallantry Cross Unit Citation with Palm (RVNGCUC w/P).  According to Air Force Manual (AFM) 36-2806, Awards and Memorialization Program, the VCM was awarded to members of the United States Armed Forces who between 1 March 1961 and 28 March 1973, served for six (6) month in South Vietnam.  The RVNGCUC w/P was awarded by the Republic of Vietnam to certain units of the United States Armed Forces for valorous combat achievement during the Vietnam Conflict, inclusive from 1 March 1961 to 28 March 1973.  

After a thorough review of the provided documentation, AFPC/DP3SP was able to exchange the applicant’s AFEM w/BSS for the VSM, per the applicant’s request.  However, they were unable to verify that the applicant meets the criteria for award of the VCM and the RVNGCUC w/P.  The applicant’s dates of service, in the area of eligibility, are past the award inclusive period; rendering the applicant ineligible for award of the VCM and the RVNGCUC w/P.  To grant relief would be contrary to the criteria established by Department of Defense Instruction (DoDI) 1348.33, DoD Military Decorations and Awards Program, DoD Manual (DoDM) 1348.33, Manual of Military Decorations and Awards:  DoD Service Awards – Campaign, Expeditionary, and Service Medals and Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program. 

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 20 October 2021 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 regarding award of the Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  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.  While the applicant did not specify award of the Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm, he did state in his application to the Board that he desired two medals added to his record but only stated the Vietnam Service Medal.  Therefore, the OPR reviewed the case for additional possible medals the applicant could be eligible for.  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 made to his record, 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-2019-02540 in Executive Session on 19 April 2022:

, 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/atch, dated 19 April 2018.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 9 October 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 October 2021.

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.