RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02303 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Air Force Overseas Ribbon – Long Tour. ________________________________________________________________ APPLICANT CONTENDS THAT: He served in Japan from Aug 55 – Jul 57. He served in Turkey from Aug 57 to Sep 58 and had a total of 2 years, 9 months and 23 days of foreign service. 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, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 14 Aug 58 separation and a letter from his local Veterans Affairs commission, dated 6 May 13. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 15 Sep 54, the applicant enlisted in the Regular Air Force, for a period of four years. On 14 Aug 58, the applicant was released from active duty with a reason for separation of early separation of overseas returnee, with an honorable character of service. He was credited with 3 years and 11 months of active duty service, including 2 years, 9 months, and 23 days of foreign service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial. The applicant served before the authorization date for award of the Air Force Overseas Ribbon- Long Tour. Furthermore, the applicant was not serving on active duty as of 6 Jan 86; therefore, he is also ineligible for retroactive eligibility. To grant relief would be contrary to the criteria established by Department of Defense Manual (DoDM) 1348.33, the Secretary of the Air Force, Chief of Staff, and/or the War Department. 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 24 Jan 14 for review and response. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s 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 55 years. Additionally, we are not persuaded the record raises issues of error or injustice which requires resolution on the merits based on the fact the applicant served on active duty before the authorization date for award of the Air Force Overseas Ribbon- Long Tour. Thus, we cannot conclude it would be in the interest of justice to excuse the untimely filing of this 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-2013-02303 in Executive Session on 19 Aug 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 May 13, w/atchs. Exhibit B. Excerpts from Applicant’s Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 2 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 24 Jan 14. 2