RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04692

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record show he served in Vietnam.

He be awarded the Vietnam Service Medal (VSM).  (Referred to AFPC Recognitions Office for possible administrative correction and will not be considered by the Board at this time).  

APPLICANT’S CONTENTIONS

He provides temporary duty (TDY) orders to show he served in Vietnam.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force staff sergeant (E-5).

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, shows he served a period of active duty from 11 Mar 66 to 24 Nov 69.  

The applicant provides AF Form 626, Request and Authorization for Temporary Duty – Military, dated 7 Dec 68, which lists his name for TDY from Clark AB, Philippines to Tan Son Nhut Airfield, Vietnam, with a proceed on or about date of 23 Dec 68 for 55 days.

The applicant also provides AF Form 626 dated 4 Mar 69, for TDY assignment from Clark AB to Tan Son Nhut Airfield with a proceed on or about date of 6 Mar 69 for 55 days.  

Per AF Form 7, Airman Military Record, the applicant was assigned to Clark AB from 11 Jun 68 to 9 Dec 69.

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

AIR FORCE EVALUATION

AFPC/DP3AM recommends denial for Vietnam service.  The provided information and his master personnel records do not contain information to reflect he served in Vietnam.  

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 9 Nov 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant did not exhaust all available non-judicial relief for award of the VSM 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/DP3AM and finds a preponderance of the evidence does not substantiate the applicant’s contention he served in Vietnam.  Should AFPC Recognitions be unable to administratively correct his record for award of the VSM, his request will be referred back to the Board for further consideration.  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-2019-04692 in Executive Session on 3 Dec 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 9 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 22 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Nov 20.

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.