RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00901

XXXXXXXXXX	COUNSEL: NONE	

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Add “Vietnam Veteran” to his DD Form 214, Certificate of Release or Discharge from Active Duty, Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized.

APPLICANT’S CONTENTIONS

When he was having his Disabled Veteran license plates replaced, he asked to have the Vietnam Veteran emblem placed on his license plates.  The license and registration office requires Vietnam Veteran to be documented in item 13 of the DD Form 214  in order to qualify to have the emblem placed on the license plate.   Since nothing is reflected in item 13 of his DD Form 214, he was not able to get it done.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman (E-2).

On 9 Sep 74, according to DD Form 214, the applicant entered the Regular Air Force and on 3 Sep 76, he was honorably discharged.  He was credited with 1 year, 11 months, and 25 days of active service. He was not credited with having 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

38 U.S.C. § 3.2 - Periods of war.  Vietnam Era is a term used by the United States Department of Veterans Affairs to classify veterans of the Vietnam War. Various departments of federal, state and local governments as well as private employers often give Vietnam Era veterans special consideration regarding employment and sometimes assign extra qualifying points.

For Veterans Affairs purposes, in accordance with the Code of Federal Regulations Section 3.2 (f), the Vietnam Era is the period beginning on 1 Nov 55 and ending on 7 May 75, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. The period beginning on 5 Aug 64 and ending on 7 May 75, inclusive, in all other cases.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  In accordance with AFR 35-6, Separation Documents and General Separation Procedures, dated 3 Jul 74, the term “Vietnam Veteran” is not listed as an authorized statement on the DD Form 214.   If the applicant served in Vietnam, he could request a “Boots on Ground” memorandum or a review of his decorations or medals to determine award of anything specifically related to Vietnam service outside agencies would accept.

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 12 Sep 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 claims the term Vietnam Veteran must be include in item 13 of his DD Form 214 to allow him to obtain an emblem to denote his service.  As noted above, in accordance with the Code of Federal Regulations, the applicant may be classified as a Vietnam Veteran for Veterans Affairs purposes. However,  this is not an authorized entry on the DD Form 214.  Therefore, the Board concurs with the rationale and recommendation of AFPC/DP2SSR and 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).  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-2022-00901 in Executive Session on 19 Jan 23:

, 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/atch, dated 25 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 12 Sep 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Sep 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.