RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00087 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be amended to reflect he served in Vietnam. ________________________________________________________________ APPLICANT CONTENDS THAT: In 1973, he served in Vietnam but it is not on his DD Form 214. 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 request, the applicant provides copies of AF Form 626, Request and Authorization for Temporary Duty – Military, and his DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 3 Jan 72, the applicant entered active duty. On 15 Dec 75, he was honorably released from active duty. He served 3 years, 11 months and 13 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends disapproval since the information provided and a review of his master personnel records did not contain information that he served in Vietnam. The complete DPAPP evaluation is at Exhibit C. _____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 8 Sep 14, a copy of the Air Force evaluation was provided to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of 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 10 U.S.C. § 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 40 years, which has greatly complicated the ability to determine the merits of the applicant’s position. We are not persuaded the record raises issues of error or injustice which requires resolution on the merits. While we note the applicant provides a copy of a TDY order, he has not provided a copy of the travel voucher to substantiate that he had boots on ground in Vietnam. Therefore, we cannot conclude it would be in the interest of justice to excuse the failure to file in a timely manner. ________________________________________________________________ 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- 2014-00087 in Executive Session on 21 Oct 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2014-00087 was considered: Exhibit A. DD Form 149, dated 3 Jan 14, w/atchs. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPAPP, dated 19 Feb 14. Exhibit D. Letter, SAF/MRBR, dated 8 Sep 14.