RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05290
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, issued
in conjunction with his 21 Aug 75 discharge, be corrected to add
the awards below in Item 26, Decoration, Medals, Badges,
Commendations, Citation, and Campaign Ribbons Awarded or
Authorized:
1. The Distinguished Unit Citation (DUC).
2. The Presidential Unit Citation (PUC).
3. The Air Force Outstanding Unit Award (AFOUA) with Valor.
4. The Republic of Vietnam Gallantry Cross, with Palm (RVGNC,
w/P). (Administratively Corrected)
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He feels strongly that his records should be corrected to add
the requested awards.
The applicant provides no rationale as to why his failure to
timely file should be waived in the interest of justice.
In support of his appeal, the applicant provides copies of his
DD Form 214 and DD Form 215, Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty, dated
27 Feb 89.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 24 Aug 71, the applicant enlisted in the Regular Air Force
for a period of four years.
On 21 Aug 75, he was honorably discharged and transferred to the
Air Force Reserve. He was credited with 3 years, 11 months, and
28 days of active duty service. He was awarded the National
Defense Service Medal (NDSM) and the Air Force Good Conduct
Medal (AFGCM).
In Aug 77, the applicant was honorably discharged from the Air
Force Reserve.
On 27 Feb 89, the applicants record was corrected to reflect
award of the Vietnam Service Medal (VSM).
On 24 Mar 14, AFPC/DPSIDR determined that the applicants record
should be administratively corrected to reflect award of the
AFOUA and the RVGNC, w/P.
The Presidential Unit Citation (PUC) (formerly known as the
Distinguished Unit Citation (DUC)) is awarded to units of the
United States Armed Forces for outstanding performance in action
against an armed enemy occurring on, or after, 16 Oct 41, for
United States Navy and United States Marine Corps units; and on
or after 7 Dec 41, for United States Air Force units.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request for the
PUC and the AFOUA with Valor. DPSID was unable to verify the
applicant served with a unit that received the requested awards
while the applicant was assigned to the unit. However, they
were able to verify award of the AFOUA for the applicant's
service while assigned to the 355th Munitions Maintenance
Squadron which is separate from his request for the AFOUA with
Valor. To grant relief would be contrary to the eligibility
criteria established by DoDM 1348.33, Secretary of the Air
Force, Chief of Staff, and/or the War Department.
In addition, based on their review of the applicant's official
military personnel record, they determined the AFOUA and the
RVGNC, w/P should have been awarded during the applicant's
service from 24 Aug 71 to 21 Aug 75.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 Apr 14 for review and comment within 30 days
(Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. 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, Section 1552 and Air Force Instruction 36-
2603, Air Force Board for Correction of Military Records. The
applicant has not shown a sufficient reason for the delay in
filing on a matter now dating back over 39 years. Additionally,
we are not persuaded the record raises issues of error or
injustice which requires resolution on the merits. Therefore,
other than the relief that has been already granted
administratively, we cannot conclude it would be in the interest
of justice to excuse the untimely filing of this portion of the
application.
________________________________________________________________
DECISION OF THE BOARD:
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-2013-05290 in Executive Session on 9 Sep 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05290 was considered:
Exhibit A. DD Form 149, dated 8 Nov 13, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 24 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 14.
Panel Chair
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