RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04742

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his foreign service in Vietnam.

APPLICANT CONTENDS THAT:

He served in Vietnam from approximately November 1972 to February 1973.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 Oct 70.

According to the applicant’s AF Form 1226, Record of Court-Martial Convictions and Time Lost, date record started 15 Jan 73, the applicant was Absent Without Leave (AWOL) on five separate occasions beginning in December 1972 and ending in May 1973 while at Clark Air Base, Republic of the Philippines.  

On 22 May 73, the applicant was furnished an honorable discharge, and was credited with 2 years, 6 months, and 27 days of active service to include 1 year and 2 months of foreign service.  Block 20 of his DD Form 214, Certificate of Release or Discharge from Active Duty, reflects “Vietnam: No.”

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.  AFPC/DPAPP was able to verify and confirm foreign service at Clark Air Base, Republic of the Philippines, from 20 Mar 72 to 21 May 73, but unable 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:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Jun 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 agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice as the applicant’s record does not reflect, nor has the applicant provided, evidence of foreign service in Vietnam.  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-2015-04742 in Executive Session on 28 Mar 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04742 was considered:

	Exhibit A.  DD Form 149, dated 27 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 24 May 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Jun 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.