RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02295
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was awarded the following medals/ribbon:
1. Korea Defense Service Medal (KDSM).
2. Vietnam Service Medal (VSM).
3. Small Arms Expert Marksmanship Ribbon (SAEMR)
(Administratively resolved).
APPLICANT CONTENDS THAT:
He had several temporary duty (TDY) assignments to Osan Air Base (AB), Kunsan, AB, and Kimpo AB, Korea between 1969 and 1971, and he went TDY to Cam Rhan Bay AB, Republic of Vietnam, in 1971. Additionally, on 15 Feb 72, he had a small arms shooting score of 60, qualifying him for the SAEMR.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 19 Dec 68.
On 18 Dec 72, the applicant was furnished an honorable discharge, and was credited with four years of active service, to include 1 year, 10 months, and 18 days of foreign service.
The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice regarding award of the KDSM and VSM. The KDSM is awarded to service members who were assigned, attached, or mobilized to units operating or serving on all the land area of the Republic of Korea, and the contiguous waters out to 12 nautical miles, and all airspace above the stated land and water areas. To be eligible for the KDSM, personnel must have been physically present in the stated areas for 30 consecutive days or 60 nonconsecutive days. After a thorough review of the applicants official military personnel record, there was no evidence indicating the applicant served in the area of responsibility for 30 consecutive days or 60 non-consecutive days, required for award of the KDSM.
The Vietnam Service Medal is awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 Jul 65, and before 28 Mar 73. In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same time period also were eligible for the VSM. To be eligible, a service member must be: permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; 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. However, there was no official documentation in the applicants records or his submission verifying that he met any of the criteria listed above.
Notwithstanding the above, the applicants entitlement to the following awards and decoration was verified and his records will be corrected upon final decision by the Board:
1. Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA w/1BOLC).
2. Air Force Longevity Service Award (AFLSA).
3. Small Arms Expert Marksmanship Ribbon (SAEMR).
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice regarding the applicants record not reflecting his service in Vietnam and Korea. They were able to verify and confirm foreign service boots on ground in Japan, but unable to confirm any foreign service in Vietnam or Korea.
A complete copy of the AFPC/DPAPP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 7 Jan 15 for review and comment within 30 days (Exhibit E). 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, while we note AFPC/DPSID has seen fit to make a variety of administrative corrections to the applicants records, 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-2014-02295 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02295 was considered:
Exhibit A. DD Form 149, dated 31 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 3 Nov 14, w/atch.
Exhibit D. Memorandum, AFPC/DPAPP, dated 30 Jul 14.
Exhibit E. Letter, SAF/MRBR, dated 7 Jan 15.
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