RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05392

						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect “VIETNAM-YES” in block 30.

APPLICANT CONTENDS THAT:

His DD Form 214 is in error because it reflects “NO” service in Vietnam.  He served in Vietnam for a week to two weeks (TDY assignment) flying at least twelve combat missions in the C-130. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 Aug 68.

On 20 May 72, the applicant was furnished an honorable discharge, and was credited with three years, and nine months of active service, including three months of Foreign and/or Sea Service time. 

On 12 Nov 74, the applicant was issued a DD Form 215, Correction to the DD Form 214, adding the Vietnam Service Medal (VSM), AFM 900-3, to item no 24.  

On 28 Apr 16, AFPC/DPAPP issued the applicant a “Boots on Ground” letter confirming his foreign service time at Clark Air Base, Republic of the Philippines, from 30 Aug 69 to 29 Nov 70, and temporary duty in the Republic of Vietnam, from 27 Nov 69 to 10 Dec 69 (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 C.    

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice.  AF Manual 35-5, Table 2, Item 29 rule 6 states to list Yes or No when “PCS (Permanent Change of Station) assignment to Indochina, Vietnam, or Korea.”  A review of the applicant’s military records, a review by AFPC Assignment Team, and supporting documentation confirm the applicant was not stationed in Vietnam, but did perform duties in Vietnam. While he may have had boots-on-ground in a Temporary Duty (TDY) capacity while stationed at another location, the military records do not indicate being stationed in Vietnam.

A complete copy of the AFPC/DPSOR 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 6 Sep 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.  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 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-2015-05392 in Executive Session on 15 Dec 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05392 was considered:

	Exhibit A.  DD Form 149, dated 22 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit D.  Letter, AFPC/DPAPP, dated 28 Apr 16.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 25 Jul 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 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.