RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02204

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His record be updated to reflect his Vietnam service. 

APPLICANT CONTENDS THAT:

He served as an AC-130 crew chief and was forward deployed to Vietnam and Thailand when his unit was deployed to Clark Air Base, Philippines, from Aug to Dec 64.  He needs documentation so that his health issues can be rated as service-connected by the Department of Veterans Affairs (DVA).  

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

STATEMENT OF FACTS:

According to the documents provided by the applicant, he initially entered the Regular Air Force on 1 Feb 63.

On 31 Jan 67, he was furnished an honorable discharge, and was credited with four years of active service and 1 year, 11 months, and 10 days of foreign service.  The applicant then affiliated with the reserve component.  

According to the DD Form 398, Statement of Personal History, dated 15 May 71, the applicant stated he visited Vietnam from 18 Sep 68 to 24 Jun 69 working for Lockheed Aircraft Company.

Effective 1 Jan 92, the applicant transferred to the Retired Reserve.  

On 3 Sep 03, the applicant was placed on the retired list and was credited with 26 years 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 submitted documents and his Master Personnel Record failed 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:

A copy of the Air Force evaluation was forwarded to the applicant on 16 Sep 16 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:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  In addition, the Board notes the applicant provides a statement of support of his claim from a former service member who was previously granted relief and claims to have served with the applicant in Vietnam; however, the Board concluded there is a difference between the two cases.  In this respect, we note the previous Board had limited records to review; however, in this case, the Board had the applicant’s master personnel record which does not substantiate any foreign service in Vietnam during the time period in question.  Furthermore, we also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-02204 in Executive Session on 18 Oct 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Apr 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 15 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 16 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.