RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05157 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect he served in the Republic of Vietnam (administratively corrected). 2. He be paid for the leave he accrued at the time of discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He was on Temporary Duty (TDY) to Binthuy Air Base, Republic of Vietnam from Nov 69 to May 79 and while there, he purchased a cigarette lighter that he still has today. He believes the lighter is proof of his time in Vietnam. He also still has the Military Payment Certificates (MPC) used as currency on base in Vietnam. In support of his request, the applicant provides copies of Military Payment Certificates (MPCs), his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a copy of a cigarette lighter with Vietnam inscribed on it. The applicant provides no rationale as to why his failure to timely file should be waived in the interest of justice. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 15 Aug 72, the applicant was discharged from the Air Force. His DD Form 214, Block 26(b), Days Accrued Leave Paid, reflects “Not Paid See Item #30.” His DD Form 214, Block 30, Remarks, reflects “Accrued Leave Not Available At Time Of Separation.” A review of the applicant’s records revealed that he had boots on the ground in Vietnam from 10 Dec 69 to 28 Apr 70 and his official military personnel records will be administratively corrected (Exhibit C). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. The applicant’s DD Form 214, Block 26(b), Days Accrued Leave Paid, reflects he did not receive pay for accrued leave; however, the amount of leave he had prior to separation was not annotated on his DD Form 214. DPSIM states they were unable to determine how much leave the applicant had prior to his separation or how much money he was entitled to. A complete copy of the DPSIM evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Apr 14, for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the 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 sufficient 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 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-2013-05157 in Executive Session on 9 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 Oct 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records Exhibit C. Letter, AFPC/DPAPP, dated 13 Jan 14, w/atch. Exhibit D. Letter, AFPC/DPSIM, dated 27 Mar 14. Exhibit E. Letter, SAF/MRBR, dated 25 Apr 14.