RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04785 

						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 three deployments to Iraq. (Will be administratively corrected to reflect foreign service for two deployments.)

APPLICANT CONTENDS THAT:

He deployed three times to Iraq in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Aug 03.

On 14 May 09, the applicant received an under honorable conditions (general) discharge, and was credited with 5 years, 8 months, and 19 days of active service.   

In a letter, dated 22 Feb 16, AFPC/DPAPP informed the applicant they were able to verify and confirm boots on ground foreign service time at Balad Air Base, Iraq from 2 Mar 04 to 11 Jun 04 and Sather Air Base, Iraq from 5 May 07 to 9 Sep 07, for a combined total foreign service of 7 months and 15 days.  DPAPP recommended the applicant’s DD Form 214 be corrected and a DD Form 215 be issued to document such (Exhibit C).  

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 D.    

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of the applicant’s request for his DD Form 214 to reflect his three deployments in Iraq indicating his records did not contain information that reflected he served three times in Iraq.  DPAPP were able to verify and confirm two of the three deployments to Iraq, but unable to verify a third.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 May 16 for review and comment within 30 days (Exhibit E).  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 and Air Force Instruction 36-2603.  Therefore, because we do not find it in the interest of justice to recommend granting relief and the applicant has offered no plausible reason for the delay in filing the application, other than the administrative corrections noted above, 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-2015-04785 in Executive Session on 13 Jul 17 under the provisions of AFI 36-2603:

					  , Panel Chair
				 , Member
					   , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04785 was considered:

	Exhibit A.  DD Form 149, dated 1 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAPP, dated 22 Feb 16.
	Exhibit D.  Memorandum, AFPC/DPAPP, dated 22 Feb 16.
	Exhibit E.  Letter, AFBCMR, dated 10 May 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.