RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04437

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

His 2.6 hours of combat time shown in his flight records was accomplished in Saigon, Vietnam, and is not reflected on his DD Form 214.  This entry is necessary in order for the Department of Veterans Affairs (DVA) to determine his 
eligibility for DVA benefits.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Apr 74.

On 10 Nov 77, the applicant was furnished an honorable discharge, and was credited with 3 years, 6 months, and 22 days of active service.   

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/DPAPP recommends denial indicating there is no evidence of an error or an injustice.  A review of the applicant’s master personnel records and documentation submitted failed to provide any documents that substantiate foreign 
service time in Vietnam.  

A complete copy of the AFPC/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 25 Feb 15, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.


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, Section 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.


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-2014-04437 in Executive Session on 14 Jul 15, under the provisions of AFI 36-2603:

	
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04437 was considered:

	Exhibit A.  DD Form 149, dated 27 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 13 Jan 15.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 15.