RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03619 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be given Prisoner of War (POW) status due to his captivity in Iran on 14 Feb 79. ________________________________________________________________ APPLICANT CONTENDS THAT: While assigned to Detachment 1, 1945th Communications Group, Tehran, Iran, he was held hostage by leftist guerrillas as they seized the U.S. Embassy and his communications complex at the Tehran Airport. He was held captive and threatened on a daily basis until his release, arranged by Former Secretary of State Henry Kissinger. In support of his request the applicant provides copies of his Diplomatic Immunity Card, a 26 Feb 79 Newsweek magazine article, a copy of his Joint Service Commendation Medal and Meritorious Service Medal. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 26 Nov 76 to 31 May 95. His DD Form 214 reflects a total of 18 years, 6 months, and 5 days of total active service, which includes 4 years and 8 months of Foreign Service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPWC recommends denial of the applicant’s request for POW status. DPWC states in part, the applicant’s was not identified as one of the sixty-six hostages that were held captive on 4 Nov 79 when Iranian militants stormed the US Embassy in Tehran. The applicant’s Military Personnel Records (MPR) reflects he was stationed at Tehran, Iran from 2 Mar 78 through 18 Feb 79 and supported the early evacuation of personnel efforts when the Iranian royal regime collapsed. However, the applicant did not submit any official documentation supporting being a hostage during the Iran hostage crisis (4 Nov 79) through 20 Jan 81). The complete DPWC evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that he was not in Iran when the US Embassy was overrun by terrorists on 4 Nov 79. However, he was at the US Embassy when it was attacked on 14 Feb 79. He also provides a timeline leading up to the events, which is fully explained in his response. In further support of his request, he submits internet web pages detailing the attack on 14 Feb 79. The applicant’s response, with attachments, is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The application was not filed within three years after the alleged error or injustice was discovered, or could have been discovered, as required by Section 1552, Title 10, United States Code (10 USC 1552), and Air Force Instruction 36-2603. Thus the application is untimely. 2. Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse untimely filing in the interest of justice. We have carefully reviewed applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application. The applicant has not shown a plausible reason for delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits at this time. Accordingly, we conclude that it would not be in the interest of justice to excuse the untimely filing 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 Docket Number BC- 2011-03619 in Executive Session on 29 Mar 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPWC dated 17 Nov 11. Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11. Exhibit E. Rebuttal, Applicant, undated, w/atchs.