RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04350

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his service in Vietnam.

________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 does not reflect he performed temporary duty (TDY) in Vietnam at Da Nang AB, RVN, and Phu Cat AB, RVN.

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 27 Oct 68.

From 16 Dec 68 through 20 Nov 70, the applicant was assigned to the 604 Military Airlift Support Squadron, Clark AB, Philippines.  

On 27 Feb 72, the applicant was furnished an Honorable discharge being credited with 3 years, 2 months, and 12 days of active service, which included 1 year, 2 months, and 28 days 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, which is attached at Exhibit C.    

_______________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice.  The office of primary responsibility (OPR) was able to verify and confirm the applicant’s foreign service time at Clark AB, Republic of the Philippines, but his Master Personnel Records and documentation submitted failed to substantiate foreign service in Vietnam.  

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a copy of an Indorsement to Special Orders for Fight J254, scheduled to depart Clark AB, RP on 5 Dec 70, and a copy of his TDY orders to DaNang AB, RVN, Phu Cat AB, RVN, and Yokato AFB, Japan dated 13 Jan 70 (submitted with original application).

________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the 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.  The 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 applicant’s 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-2013-04350 in Executive Session on 22 Jul 14, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Sep 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPAAP, dated 8 Oct 13.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 14.
	Exhibit E.  Letter, Applicant, dated 28 Jan 14, w/atchs.