RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04456
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, be corrected to reflect he was awarded the Republic of Vietnam Medal of Honor he received on 2 Feb 73.
________________________________________________________________
APPLICANT CONTENDS THAT:
The award given him by the Republic of Vietnam should be added to his DD 214.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Mar 91, the applicant was furnished an honorable discharge in the grade of technical sergeant and retired, effective 1 Apr 91. He was credited with 20 years and 30 days of total active service.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or injustice. The applicant served in Thailand from 2 Aug 72 through 5 Aug 73 and has provided a document which appears to show he was awarded the Republic of Vietnam Medal of Honor. This award is an award of a foreign government, which must be officially accepted in order for it to be recorded in a members official military personnel records. To gain official acceptance, the applicant must forward a request to accept and retain the decoration to AFPC/DPSID. Granting relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards: DoD Service Awards Campaign, Expeditionary, and Service Medals.
A complete copy of the AFPC/DPTT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4 Mar 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not exhausted all remedies provided by existing law or regulations.
2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no compelling basis to recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-04456 in Executive Session on 2 Sep 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 21 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Mar 14.
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