RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-04833 COUNSEL:	NONE
HEARING DESIRED:	NOT INDICATED

APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect four (4) months foreign service in Southeast Asia.

APPLICANT CONTENDS THAT:
He should be credited with foreign service time due to him flying over Southeast Asia.

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

STATEMENT OF FACTS:
On 22 Nov 61, the applicant entered the Regular Air Force.
On 19 Aug 66, the applicant was furnished an honorable discharge, and was credited with 4 years, 8 months, and 28 days of active service, which included 0 years, 0 months, and 0 days of foreign 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 to 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:
The applicant contends his original request does not state he was ever stationed in Vietnam; instead, his DD form 214 incorrectly states he has no foreign and/or sea service. He was stationed at Kadena AFB in Okinawa on temporary duty from February 1966 until early April 1966. During this period he made three refueling missions on a KC-135 refueling tanker into Vietnam airspace to refuel B-52 Bombers immediately after they dropped their bombs. On one of these trips, he was diverted to the Philippines to perform maintenance on one of the planes. During his time in Kadena and Minot, ND, he worked on the flight line the entire time. During this time, he worked on numerous different types of aircraft and helicopters. After his discharge, he started having extreme bouts of reflux and sinus problems. He also developed unstable blood pressure problems and arthritis which continues to this day. His doctor suggests he get tested for Agent Orange or possible long term exposure to jet fuel. His doctor stated this could be the cause of his numerous medical problems. He has been fighting these ailments way too long and he hopes the Board can see the predicament that I have been in since my time in the service.

Further, his DD form 214 shows he was paid $10,000 for 60 days accrued leave. He contends he did not receive such payment. If that amount had been paid, he probably would still be serving.

FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicant’s request and the available evidence of record, to include his rebuttal response, 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.

With regards to applicant’s rebuttal response he did not receive payment for accrued leave; the Board considers this a new and separate request. If he believes he has been the victim of an error or injustice, he should submit a new DD Form 149, Application for Correction of Military Record, with evidence to substantiate his request.

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-2014-04833 in Executive Session on 26 Aug 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 17 Nov 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPAPP, dated 26 Jan 15. Exhibit D.	Letter, SAF/MRBR, dated 27 Feb 15.
Exhibit E.	Letter, Applicant, dated 15 Mar 15.