RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04798
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Vietnam Service Medal (VSM).
APPLICANT CONTENDS THAT:
His service during the period Feb 70 through Dec 70 in the hospital at Clark Air Base, Philippines, qualifies him for the VSM.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 6 Feb 67.
On 3 Dec 70, the applicant was furnished an honorable discharge, and was credited with 3 years, 9 months, and 25 days of total active service, which included 10 months and 19 days of foreign service.
On 1 Aug 14, AFPC/DPSID directed the applicants DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected administratively to add the Air Force Good Conduct Medal (AFGCM).
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 an injustice. The VSM is awarded to all members of the Armed Services who, between 4 Jul 65 and 28 Mar 73, served in the following areas of Southeast Asia: Vietnam and its contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam. To be eligible, a service member must have been permanently assigned, attached, or detailed for one, or more days with an organization participating in or directly support ground (military) operations, or have directly participated as a crew member in one or more aerial flights directly supporting military operations, or, have served on temporary duty for 30 consecutive or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations. The Philippines is not in the area of eligibility for award of the VSM. A thorough review of the applicants military records revealed no documentation verifying he qualified for the VSM.
A complete copy of the AFPC/DPSID 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 25 Aug 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:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code (U.S.C.), §1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.
The following members of the Board considered AFBCMR Docket Number BC-2013-04798 in Executive Session on 2 Oct 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Oct 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 1 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.
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