RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00040 

  						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect his two months temporary duty (TDY) in Vietnam.

APPLICANT CONTENDS THAT:

He was in Vietnam for 60 days TDY from Dyess AFB, TX, supporting C-130 flights from RAF Mildenhall, England.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 May 66.

According to the applicant’s AF Form 7, Airman Military Record, he was TDY for 119 days, date departed 1 Mar 69.  

According to the applicant’s AF Form 910, TSgt, SSgt, and Sgt Performance Report, close-out 31 Dec 69, he was TDY to RAF Mildenhall, England.  

On 27 Feb 70, the applicant was furnished an honorable discharge, was credited with 3 years, 9 months, and 26 days of active service, and was credited with 4 months foreign service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial, indicating there is no evidence of an error or an injustice.  The applicant’s record confirms a temporary duty assignment to RAF Mildenhall, England, but does not contain information that reflects any foreign service in Vietnam.  Moreover, the applicant did not provide documentation in support of his request.

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 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 29 Aug 15, he provides no explanation for his claim.  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 RECOMMENDS 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-2016-00040 in Executive Session on 9 May 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00040 was considered:

	Exhibit A.  DD Form 149, dated 29 Dec 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 6 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 matter.