RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02428

XXXXXXXXXXX				COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

1.  His final DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his cumulative Foreign Service.

2.  His records be corrected to reflect his service in Thailand. (Administratively Corrected)

APPLICANT CONTENDS THAT:

His first DD Form 214 reflects 1 year, 5 months and 26 days of Foreign Service and his third DD Form 214 reflects 3 months and 14 days of Foreign Service.  However, his retirement DD Form 214 does not include Foreign Service.

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

STATEMENT OF FACTS:

On 17 July 1950, the applicant entered the Regular Air Force.

The applicant’s DD Forms 214 for the periods 17 July 1950-19 July 1955 [1 year, 5 months and 26 days Foreign Service] and 23 September 1961 – 22 September 1965 [3 months and 14 days Foreign Service] totals 1 year, 9 months and 10 days of Foreign Service.

On 30 September 1970, the applicant received an honorable discharge, and was credited with 20 years and 25 days of active service.

In a letter dated 17 December 2015, AFPC/DPAPP advised the applicant that they verified and confirmed he had boots on the ground Foreign Service time in Thailand, from 17 May 1965 to 18 June 1965, for 1 month and 2 days.  The amount of Foreign Service time reflected on the applicant’s DD Form 214 is correct.  The letter also stated that specific locations are not annotated on a member's DD Form 214.  As such, he was advised to use their letter as proof of “boots on ground” for Thailand.

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/DPSOR recommends denial indicating the application is untimely and there is no evidence of an error or an injustice.  The applicant’s service times are accurately reflected on the DD Form 214 for the respective periods of service.  A review of the applicant’s military records reveal four (4) DD Forms 214 capturing a total of 22 years, 8 months and 25 days [sic] of active service and covering a continual period of service from 17 July 1950 – 30 September 1970.  It is a common misperception that all information on a prior DD Form 214 is carried forward to a consolidated/final ‘retirement’ DD Form 214.  Each document carries its own weight as a record for a specific period of active duty and one does not replace another.  They are each valid certificates of service and appropriately record Foreign Service during the effective periods of time captured by the DD Form 214.  While the reason for the applicant’s 30 September 1970 DD Form 214 is for retirement, the time frame of service will only cover from 23 September 1965 to 30 September 1970.  There is no evidence of Foreign Service during this period.  When applying for benefits, circumstance may require the applicant to present all DD Forms 214 published during his career.

A complete copy of the AFPC/DPSOR 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 8 April 2016 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.  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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, beyond the relief already granted administratively, 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 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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-02428 in Executive Session on 12 May 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02428 was considered:

Exhibit A.  DD Form 149, dated 9 June 2014, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSOR, dated 22 February 2016.
Exhibit D.  Letter, AFBCMR, dated 8 April 2016.