RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02329
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 Vietnam Campaign Medal (VCM).
APPLICANT CONTENDS THAT:
He served at Tan Son Nhut, Vietnam for 3 months and 22 days in 1969. He is being denied Agent Orange screening at the Department of Veterans Affairs (DVA) because he has no proof that he actually served in Vietnam.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 20 Oct 66.
On 29 Jul 69, the applicant was furnished an honorable discharge, and was credited with 2 years, 9 months, and 2 days of active service, including 3 months and 22 days of foreign service.
On 30 Jul 14, AFPC/DPAPP, notified the applicant of their determination that he had boots on ground foreign service time at Tan Son Nhut Air Base, Republic of Vietnam, from 5 Jan 69 to 26 Apr 69, for 3 months and 22 days and that their notification letter should be used as proof of his service in Vietnam.
The remaining relevant facts pertaining to this application is contained in the memorandum 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 regarding the applicants request for the VCM. After a thorough review of the applicants official military records, there was no documentary evidence found to substantiate that the applicant should have been awarded the VCM.. The VCM is awarded to members of the United States Armed Forces who, between 1 March 1961 and 28 March 1973 served for six months in South Vietnam, or, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months. While the applicants records indicate that he served in the Republic of Vietnam for 3 months and 22 day, such service does not meet the criteria for award of the VCM, which requires at least six months service.
Notwithstanding the above, the applicants entitlement to the following Air Force medals and/or ribbons was verified and his records will be administratively corrected upon final Board action:
1. Air Force Good Conduct Medal (AFGCM).
2. Vietnam Service Medal with one Bronze Service Star (VSM w/1BSS).
3. Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).
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 27 Oct 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, while we note the Air Force office of primary responsibility 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-2014-02329 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02329 was considered:
Exhibit A. DD Form 149, dated 8 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 8 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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