ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04692-2

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The Board consider his request for award of the Vietnam Service Medal (VSM).  

RESUME OF THE CASE

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

On 3 Dec 20, the Board considered and denied his request for correction of his records to show he served in Vietnam.  The Board adopted the recommendation and rationale of AFPC/DP3AM that the preponderance of evidence did not substantiate his contentions he served in Vietnam.  The Board also found the application was not timely filed. The applicant’s request for award of the VSM was not considered by the Board since there was no evidence he exhausted the available administrative remedy prior to submitting his application to the AFBCMR.  Accordingly, the applicant’s request for award of the VSM was forwarded to AFPC/DP3SP for possible administrative correction.   

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit E. 

The applicant’s rebuttal response dated 20 Nov 20 was received by the AFBCMR on 17 Mar 21 and not considered by the Board.  On 24 Mar 21, the AFBCMR denied the request for reconsideration since the provided evidence was contained in his original request and considered by the Board.  

On 25 Sep 21, the applicant’s request for award of the VSM was referred back to the AFBCMR since AFPC/DP3SP was unable to administratively correct the records as requested.  

AIR FORCE EVALUATION

AFPC/DP3SP recommends denial for award of the VSM.  Although the applicant provided documentation indicating he was in the area of Vietnam, they are unable to verify he entered the area of responsibility for the duration of time that meets eligibility criteria; rendering him ineligible for award of the VSM.  The VSM is awarded to any member of the United States Armed Forces serving in Vietnam, contiguous waters, or air space, including service in Thailand, Laos, Cambodia or their air space, on or after 4 Jul 65 through 28 Mar 73.  To qualify for award of the VSM, a member must meet one of  the following criteria:  (1) Be attached to or regularly serve for one or 

more days with an organization participating in or directly supporting military operations; (2) Participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations; or (3) Serve on temporary duty (TDY) for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.   

The complete advisory is at Exhibit H.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 25 Oct 21 for comment (Exhibit I), 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 notes on 3 Dec 20, the applicant’s request for Vietnam service was denied due to insufficient evidence and the applicant’s request for award of the VSM was referred to AFPC/DP3SP for possible administrative correction.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contention for award of the VSM.  In this respect, the Board finds the TDY order provided by the applicant insufficient to substantiate any foreign service meeting the eligibility criteria for award of the VSM, per AFMAN 36-2806.  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-2019-04692-2 in Executive Session on 17 Feb 22:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 7 Jan 21.
Exhibit F:  Applicant’s Response, w/atchs, dated 20 Nov 21. 
Exhibit G: Notification of Deny Reconsideration, dated 24 Nov 21. 
Exhibit H:	Advisory Opinion, AFPC/DP3SP, dated 25 Sep 21. 
Exhibit I:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 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.