RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03882

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

His records be corrected to reflect his service in Vietnam. 

APPLICANT CONTENDS:

His DD Form 214, Certificate of Release or Discharge from Active Duty, does not properly reflect his Vietnam service.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 Aug 65.

The applicant was assigned to Okinawa Japan during the period 18 Apr 67 through 18 Sep 68.  

On 17 Oct 68, the applicant was furnished an honorable discharge, and was credited with 3 years, 2 months, and 16 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.  While the applicant’s master personnel records contains information which confirms he served in Okinawa, Japan, it does not contain any information which substantiates  service in Vietnam, nor did the applicant provide any such information with his application.  

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his initial request, the applicant submitted a rebuttal to the Air Force evaluation, in which he contends he was sent from Okinawa, Japan to Cam Ranh Bay Air Base (AB), Vietnam on 90-day temporary duty (TDY) assignments on two occasions.  He is hoping his pay records reflect his TDY pay during his period, or other records show the jungle fatigues and jungle boots he was issued.  He remembers only being able to purchase beer because he was under 21 years old.  In fact, he turned 21 while at Cam Ranh Bay AB.  He was on the side of the AB that supported C-130 operations.  

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 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 and Air Force Instruction 36-2603.  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, 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:

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-2015-03882 in Executive Session on 15 Dec 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03882 was considered:

	Exhibit A.  DD Form 149, dated 2 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 8 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 16.
	Exhibit E.  Letter, Applicant, dated 28 Apr 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.