RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04964
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Vietnam
Service medal (VSM) and any other awards that he may be eligible
for.
APPLICANT CONTENDS THAT:
He is eligible for the VSM for his 1965 temporary duty (TDY) at
Anderson AFB, Guam in direct support of Operation ROLLING THUNDER.
He was separated due to hardship and his DD Form 214, Armed Forces
of the United States Report of Transfer or Discharge, was never
updated to include any medals he should have received.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
On 16 Aug 63, the applicant commenced his enlistment in the
Regular Air Force.
The applicant was assigned with the 4133 Provisional Wing at
Andersen AFB, Guam from 1 Oct 65 through 15 Mar 66.
On 30 Sep 66, the applicant was furnished an honorable discharge,
and was credited with 3 years, 1 month, and 15 days of active
service.
The VSM is awarded to all members of the U. S. Armed Forces
serving at any time between 4 Jul 65 and 28 Mar 73 in the area of
eligibility (AOE). The AOE is defined as Vietnam, its contiguous
waters, or airspace there-over; in Thailand, Laos, or Cambodia,
their contiguous waters, or the airspaces there-over, and in
direct support of operations in Vietnam. To be eligible, a
service member must have served on TDY for 30 consecutive or 60
non-consecutive days. These time limitations may be waived for
personnel who participated in actual combat operations.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial noting there is no evidence in the
applicants official records to support he served in the area of
responsibility (AOR) for award of the VSM or any other award for
Vietnam. Furthermore, there was no evidence located in the
applicants submission or his official military personnel record
to support he served in an area of eligibility (AOE) for 30
consecutive or 60 nonconsecutive days. However, after a thorough
review of his official records, his entitlement to the National
Defense Service medal (NDSM) and the Air Force Good Conduct medal
(AFGCM) were verified and the applicants records will be
administratively corrected accordingly.
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 20 May 14 for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
FINDINGS AND CONCLUSIONS:
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, Section 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-2013-04964 in Executive Session on 11 Sep 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 21 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 20 May 14.
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