RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01878
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P).
APPLICANT CONTENDS THAT:
He deployed from Korat Royal Thai Air Base, Thailand to Tan Son Nhut Air Base, Republic of Vietnam during the period 15 Mar 75 through 29 Apr 75 in support of Operations BABYLIFT and FREQUENT WIND.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 21 Sep 73.
On 7 Nov 80, the applicant was medically retired, and was credited with 7 years, 1 month, and 16 days of active service.
On 14 Oct 14, DPSIDRA directed that the applicants DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to add the Air Force Commendation Medal with two Bronze Oak Leaf Clusters (AFCM w/2BOLC).
The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice concerning foreign service. A review of the applicants Master Personnel Records and the documentation submitted with his application failed to substantiate any foreign service time in Vietnam or Thailand.
A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice concerning decorations. The VSM was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace during the period 3 Jul 65 through 28 Mar 73. The RVGN w/P was awarded by the Republic of Vietnam to certain units of the Armed Force of the United States for valorous combat achievement during the Vietnam Conflict during the period 1 Mar 61 through 28 Mar 73. The applicant served on active duty from 21 Sep 73 through 7 Nov 80, which is after the eligibility dates for award of the VSM or the RVGC w/P. Further, after a thorough review of the applicants official military personnel record, no documentation was found which verifies the applicant served in the areas of eligibility for the VSM or RVGC w/P. The Armed Forces Expeditionary Medal (AFEM) was awarded for Operation FREQUENT WIND, but there is no documentation in the applicants record to indicate he served in Vietnam in direct support of Operation FREQUENT WIND. The Humanitarian Service Medal (HSM) is the authorized award for participation in Operation BABY LIFT, but there is no documentation in the applicants record to he was in the area of eligibility in support of Operation BABY LIFT. However, review of the applicants official military records indicated he was not awarded the Air Force Commendation Medal with two Bronze Oak Leaf Clusters (AFCM w/2BOLC) for his service during the period 21 Sep 73 through 7 Nov 80. Therefore, the applicants records were administratively corrected to add the AFCM w/2BOLC. Recommend denial of award of the VSM, RVGC w/P, AFEM, or HSM.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 17 Nov 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 OF THE BOARD:
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. With respect to his request for his military personnel records, inasmuch as the Board is not the custodian for such records, it is suggested the applicant contact the National Personnel Records Center (NPRC) to request copies of his records.
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-2014-01878 in Executive Session on 19 Feb 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPAPP, dated 19 Aug 14.
Exhibit D. Memorandum, AFPC/DPSID, dated 14 Oct 14.
Exhibit E. Letter, SAF/MRBR, dated 17 Nov 14.
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