RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04425

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

He be credited with foreign-service in Vietnam. 

APPLICANT CONTENDS:

In 1970 and 1971, he participated in a drive to increase enlistments which offered enlistees a flight over Vietnam or participation in a supply mission to Vietnam so they qualified for a tax free bonus.  He flew into Vietnam for nine months with this program.  This information was not reflected on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  He lost all of his military records in a house fire. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Sep 67.

On 19 Aug 74, the applicant was furnished an honorable discharge, and was credited with 6 years, 10 months, and 24 days of total 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 Record and the documentation he submitted with his application failed to verify any foreign service in Vietnam.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request the applicant submitted two rebuttal responses to the Air Force evaluation, on 12 Apr 16 and 29 Apr 16 respectively.  His rebuttals include a restatement of his contention he flew into Vietnam many times taking individuals there so they could get a tax free bonus.  When he requested his records from the National Personnel Record Center, he discovered his records were not complete.  He included a personal statement from his wife, who contends she drove him to Base Ops for each of these flights and picked him up upon his return. (Exhibits E and F)

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-2015-04425 in Executive Session on 22 Sep 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04425 was considered:

	Exhibit A.  DD Form 149, dated 15 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 22 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 16.
	Exhibit E.  Letter, Applicant, dated 12 Apr 16.  
	Exhibit F.  Letter, Applicant, dated 29 Apr 16, w/atchs.

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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.