RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02741

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect service in the Republic of Vietnam and Thailand. 

2.  His records be corrected to reflect award of the Vietnam Service Medal. 

APPLICANT’S CONTENTIONS

As a member of the College Eye Task Force, he flew combat missions over Vietnam while stationed in Korat and Udorn, Thailand in Mar 69.  There is nothing on his DD Form 214 showing his service in Thailand or his combat missions.  In support of his requested relief, he submitted three letters referencing his participation/support of College Eye Task Force deployment, radar surveillance missions, and combat missions.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 4 Mar 66, the applicant entered the Regular Air Force.

On 21 Dec 68, according to AF Form 7, Airman Military Record, the applicant arrived at the 552 Electronic Maintenance (EM) Squadron, “College Eye,” Taiwan, Air Defense Command (ADC).

On 9 May 69, according to AF Form 7, the applicant was assigned to the 552 EM Squadron, McClellan AFB, CA.

On 7 Mar 70, the applicant was honorably discharged, having served 3 years, 9 months, and 29 days of active service, to include 4 months and 20 days of foreign service.
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.  The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  

Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program.  The Vietnam Service Medal was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace on or after 4 Jul 65, and before 28 Mar 73.  In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same period also were eligible for the Vietnam Service Medal.  To be eligible, a service member must be: permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more, days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive days or 60 non-consecutive days.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request to correct his DD Form 214 to reflect service in the Republic of Vietnam and Thailand.  The information provided and the applicant’s Master Personnel Records do not contain information that reflects his service in the Republic of Vietnam or Thailand.  They were able to verify and confirm foreign service in Taiwan, from 21 Dec 68 to 10 May 69. 

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 15 Mar 22 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 applicant contends he is authorized the Vietnam Service Medal because he flew combat missions over Vietnam while stationed in Thailand.  AFPC/DP3AM, who is responsible for determining an Air Force member’s foreign service, are unable to verify the applicant served in Thailand or the Republic of Vietnam.  They are able to verify the applicant’s service in Taiwan, which appears to correspond with the amount of foreign service on his DD Form 214.  Therefore, a change to his DD Form 214 is not warranted.  In view of the foregoing and according to AFMAN 36-2806, the applicant does not meet the criteria for award of the Vietnam Service Medal.   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-2021-02741 in Executive Session on 20 Oct 22:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Applications, DD Forms 149, w/atchs, dated 21 Jul 21 and 17 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 15 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Mar 22.

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.