RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05418

			COUNSEL:  NONE

			HEARING DESIRED:  NO 




APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show his dates of service during the Vietnam Era.  



APPLICANT CONTENDS THAT:

To be entered in the Department of Veteran’s Affairs (DVA) computer system as a Vietnam era combat veteran, his DD Form 214 must be corrected to show his Vietnam service dates. 

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



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Jun 66, after graduating from the United States Air Force Academy.

On 15 July 72, the applicant was honorably discharged, and was credited with six years, one month, and eight days of active service, to include 1 year, 8 months, and 13 days of foreign service. 

The applicant was in the USAFR (inactive status) from 16 Jul 72 until 9 Jan 77.  

The applicant subsequently entered the Regular Air Force on 10 Jan 77, and was honorably discharged on 30 Sep 97, having served 20 years, 8 months, and 21 days of active service, to include 3 years, 10 months, and 18 days of foreign service.    

On 11 Apr 13, AFPC/DPAPP notified the applicant that they were able to verify and confirm his boots on ground foreign service in the Republic of the Philippines and the Republic of Vietnam.  The foreign service time reflected on his DD Form 214, effective 15 Jan 72, is correct; therefore, no correction is needed, as specific locations are not annotated on DD Forms 214.  This notification memorandum with foreign duty locations and specific dates should be used as proof of “boots on ground” for those locations.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    



AIR FORCE EVALUATION:

AFPC/DPSIPV recommends denial indicating there is no evidence of an error or an injustice.  The applicant received a total of three DD Forms 214 and a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty.  The combination of all four documents reflect his full service and show his dates of service.  The information he requests is already shown on his DD 214, issued 15 Jul 72.  

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



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant agrees that the DD Forms 214 have the correct dates of his military service.  However, the DD Forms 214 do not document his service in Vietnam.  He provides dates and locations to support his contention of serving in Vietnam, and requests his DD Form 214 dated 15 Jul 72 indicate that he did serve in Vietnam after 5 Aug 64.  



FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s 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 (U.S.C.), §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, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.  However, we note that AFPC/DPAPP, through pertinent administrative procedures, was able to verify and confirm the applicant’s boots on ground foreign service time in the Republic of the Philippines and the Republic of Vietnam and issued him a “boots on ground” letter, substantiating his Vietnam service in order to obtain appropriate benefits for said service from the DVA and other agencies.   



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-2013-05418 in Executive Session on 4 Nov 14 under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Nov 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIPV, dated 18 Feb 14, 
            w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 14.
	Exhibit E.  Letter, Applicant, dated 26 Jun 14.