RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05261

  						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect his service in Vietnam in 1967 and early 1968.  

APPLICANT CONTENDS THAT:

He worked 12-hour shifts at Tan Shuh [Son] Nhut Air Base, Saigon, Vietnam.  He now has several medical conditions that he has been dealing with for years.  The Air Force did not keep records worth a flip and at discharge, he never thought anything about it.  Now it has become more and more a problem.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 28 Jul 66. 

According to the AF Form 7, Airman Military Record, the applicant was in the Philippines from 13 Jan 66 to 13 Feb 68.

According to the AF Form 909, A1c, A2c, A3c, and AB Performance Report, closeout of 29 Aug 67, the applicant was assigned to Mactan Isle Airfield, Republic of the Philippines.  

According to the AF Form 909, A1c, A2c, A3c, and AB Performance Report, closeout of 28 Nov 67, the applicant was assigned to Mactan Isle Airfield, Republic of the Philippines.  

On 27 Jul 70, the applicant was furnished an honorable discharge, and was credited with four years of active service and two years, one month, and one day of foreign 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 and there is no evidence in the applicant’s Master Personnel Record to reflect he served in Vietnam.  However, his record does confirm foreign service boots on ground at Mactan Air Base, Republic of the Philippines.  

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 11 May 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.  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-2015-05261 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-2015-05261 was considered:

	Exhibit A.  DD Form 149, dated 12 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 4 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 11 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.