RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02539 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect service in Guam. ________________________________________________________________ APPLICANT CONTENDS THAT: There is no mention of his service in Andersen Air Force Base, Guam from April through June 1966. While deployed there, he was sprayed with defoliant several times. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served from 21 August 1962 through 19 August 1966. He was credited with 3 years, 11 months and 29 days of active duty service. His DD Form 214, Armed Forces of the United States Transfer or Discharge, reflects no Foreign Service. Additionally, his AF Form 7, Airman Military Record, Block 2, Foreign Service, reflects None Aug 62. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. A review of the applicant’s master personnel record and the documentation submitted failed to substantiate the applicant served in Guam. The complete DPAPP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 November 2014, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The application was not filed within three years after the alleged error or injustice was discovered, or could have been discovered, as required by Section 1552, Title 10, United States Code (10 USC 1552), and Air Force Instruction 36-2603. The applicant asserts a date of discovery of 22 July 2013; however, he also states he spoke with the Department of Veterans Affairs regarding this issue which gave rise to the application; these assertions were known, according to the applicant as early as 1966: Thus the application is untimely. We have considered the applicant’s contention that he served in Guam; however we do not find he has provided evidence of that service. 2. Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse untimely filing in the interest of justice. We have carefully reviewed applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application. The applicant has not shown a plausible reason for delay in filing, and we are not persuaded that the record raises issues of error or injustice that require resolution on the merits at this time. Accordingly, we conclude that it would not be in the interest of justice to excuse the untimely filing of the application. 3. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2014-02539 in Executive Session on 5 February 2015, under the provisions of AFI 36-2603: The following documentary evidence pertaining was considered: Exhibit A. DD Form 149, dated 18 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Record Excerpts. Exhibit C. Letter, AFPC/DPAPP, dated 19 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.