RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01013

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued 30 June 1966, be corrected to reflect the following:

	a.  His service in Vietnam (Administratively corrected)

	b.  The Meritorious Service Medal (MSM)

	c.  The Air Force Outstanding Unit Award (AFOUA)

APPLICANT’S CONTENTIONS

He should have been awarded the MSM and AFOUA for meritorious service while assigned to Forbes AFB, Kansas during the period August 1964 to 30 June 1966.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former captain (O-3.)

On 22 October 2020, the applicant was issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, adding his Vietnam service from 3 June 1963 to 25 June 1963.

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

APPLICABLE AUTHORITY

AFMAN 36-2806, Awards and Memorialization Program, 10 June 2019, paragraph A.10.4.1.1, states in part that the AFOUA was established by SECAF on 06 January 1954, to recognize numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units.  The AFOUA may also be awarded for achievements of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force.is awarded to numbered units such as air forces, air divisions, wings, groups, squadrons, provisional units, and medical facilities (i.e. hospitals, clinics, medical centers (numbered or unnumbered).) 

AFMAN 36-2806, paragraph A2.11 states the MSM was authorized by executive order 11448, 16 January 1969.

AIR FORCE EVALUATION

ARPC/DPTS recommends denial of the applicant’s request for the AFOUA due to insufficient evidence.  DPTS does not have the authority to grant the MSM.  The applicant’s record was administratively corrected to capture and annotate the applicant’s participation in Vietnam on his DD Form 215.

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 28 December 2020 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 ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions to warrant award of the AFOUA.  Regarding the applicant’s request for the MSM, the applicant separated from the Air Force on 30 June 1966, prior to the MSM becoming an authorized award on 16 January 1969, therefore, the applicant is not eligible for the award of the MSM.  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, aside from the administrative correction to add the applicant’s Vietnam service to his records, 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-2020-01013 in Executive Session on 11 March 2021:

, 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 6 January 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 4 November 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 December 2020.

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.