RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-03187

XXXXXXXXXXX	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. Change “Vietnam – No” to Vietnam – Yes” (Will be administratively corrected)
	b. Vietnam Service Medal (Will be administratively corrected)
	c. Vietnam Campaign Medal, with Cluster
	d. Foreign and/or Sea Service from “00 00 00” to 1 year, 6 months

APPLICANT’S CONTENTIONS

His DD Form 214 does not reflect Vietnam service.  He served in Cam Ranh Bay, Vietnam, Phan Rang Air Base, Vietnam, and Udorn Royal Thai Air Force Base, Thailand.  He also served in Guam as part of “Bullet Shot.”

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 23 Jun 73, the applicant was furnished an honorable discharge and credited with 3 years, 9 months, and 8 days active service.  He was not credited with Foreign and/or Sea service.

On 5 Mar 20, AFPC/DP3AM advised the applicant they verified and confirmed his boots-on-ground (BOG) foreign service time in the Republic of Vietnam from 17 May 70 – 11 Jun 70 for 26 days, and Thailand from 12 Jun 70 – 13 May 71 for 11 months and 2 days, for a combined total foreign service of 11 months and 28 days.  They also verified Foreign Service in Guam, but were unable to determine the inclusive dates of this service.  AFPC/DP3AM requested administrative correction of the applicant’s DD 214 to reflect 11 months and 28 days foreign service and “Vietnam – Yes.”

On 1 Jun 20, AFPC/DP1SSP advised the applicant they were able to verify, and will administratively correct his record to reflect, award of the Vietnam Service Medal with two Bronze Service Stars and the Vietnam Campaign Medal. 

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

AIR FORCE EVALUATION

The AFBCMR staff did not request an advisory opinion.

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 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, other than the administrative corrections that will be made by AFPC/DP3AM and the AFPC Recognition Team, 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-2019-03187 in Executive Session on 25 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 10 Jun 19.
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.