RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-05211

   	COUNSEL: NONE 

 	HEARING: NO  

APPLICANT REQUESTS:

1.  He be credited with foreign-service in Morocco, Goose Bay Labrador (Canada) and Portugal. 

2.  The strained back he sustained in Goose Bay, and the aircraft accident he was involved in at Lajes Field, Portugal be entered into his official records.   

APPLICANT CONTENDS:

He was deployed to Sidi Silamine French Morocco from Jan to May 57, Goose Bay Labrador, Canada from Jan to Apr 58, and Lajes, Azores in May 57.  While in Goose Bay, he strained his back and went to sick call.   In Lajes, he was involved in an aircraft crash that sent him to the hospital.  He does not have documentation to support his contentions because they were never entered into his files. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered to the Regular Air Force on 7 Jul 55.  

His AF Form 7, Airman Military Record, in his official record reflects he had foreign-service in Sidi Slimane, Morocco during the period 4 Mar 57 through 13 May 57, and was sent TDY on a foreign service trip for 91 days during the period 10 Jan 58 through 10 Apr 58 to location lost listed.  

On 6 Jul 59, the applicant was furnished an honorable discharge, and was credited with four years of active duty service, and 2 months and 10 days of total foreign-service credit.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATIONS:

AFPC/DP3AM recommends denying the applicant’s request for foreign-service credit.   A review of his Military Human Resources Record and the documentation submitted failed to provide any documents that substantiate foreign-service time in the requested locations.  The complete advisory is at Exhibit C.

AFMOA/SGAT recommends denying the applicant’s request to supplement his official records with additional medical information not previously part of the record.  The applicant is requesting to have documents in excess of five decades old to be found and placed in his health history.  The aforementioned medical records have dates ranging from 1955 -1959 and are no longer maintained or controlled within an Air Force Medical Treatment Facility, therefore, we cannot provide said documents.  AFMOA/SGAT is unable to validate the documents were created or are missing.  Available Standard Form 88, Report of Medical Examination, dated 15 Jun 59, states "examinee denies all significant medical history since last current physical.”  As well, Standard Form 89, Report of Medical History, dated 15 Jun 59, completed and signed by the applicant indicates in block 34 that he did not have illnesses or injury other than those already noted and block 35, is marked "no" for consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years.  Based on the lack of documentation, and elapsed timeframe, recommend denial of the applicant’s request to update his medical records.   The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The Board sent a copy of the Air Force evaluation to the applicant on 2 May 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the Air Force offices of primary responsibility and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2015-05211 in Executive Session on 25 Jul 18:

Panel Chair
Member
Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Dec 15.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 2 May 18.
Exhibit D:	Advisory opinion, AFMOA/SGAT, dated 22 May 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 2 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2015-05211.