RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05127
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Vietnam Service Medal (VSM).
APPLICANT CONTENDS THAT:
He was stationed in Taiwan, but flew into Vietnam as a C-130 Crew Chief every week for 13 months.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 14 May 64.
The applicant was stationed in Taiwan during the period 5 Jan 67 through 9 Feb 68.
On 10 Feb 68, the applicant was furnished an Honorable discharge, and was credited with 03 years, 08 months, and 27 days of 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 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 as a crew member in one or more aerial flights directly supporting military operations for 30 consecutive days or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations.
A thorough review of the applicants official military personnel record revealed no documentation verifying service in the area of eligibility for 30 consecutive days or 60 non-consecutive days or participation as a crew member in one or more aerial flights directly supporting military operations in the area of eligibility.
A complete copy of the AFPC/DPSIT 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. 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. The 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. The 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-2013-05127 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 27 Oct 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 28 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 20 May 14.
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