RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01072

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he deployed in support of Operation DESERT STORM.

APPLICANT CONTENDS THAT:

He needs his DD Form 214 to reflect he deployed in support of Operation DESERT STORM to qualify for benefits and to join organizations such as the Veterans of Foreign Wars (VFW).

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Mar 88.

On 7 Nov 91, according to the documentation provided by the applicant, he was issued deployment orders to Dhahran, Saudi Arabia, in support of Operation DESERT STORM with a proceed on or about date of 14 Nov 91 for 179 days, Special Order TDO0027.

On 27 Aug 98, the applicant was furnished an honorable discharge, and was credited with 10 years, 5 months, and 3 days of active 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/DP3AM recommends denial indicating there is no evidence of an error or an injustice.  The documentation provided by the applicant nor the documentation in his master personnel record substantiate Foreign Service time during Operation DESERT STORM. 

A complete copy of the AFPC/DP3AM 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 29 Sep 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.  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-2016-01072 in Executive Session on 14 Sep 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 19 Jan 16, w/atch.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3AM, dated 29 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 12 Dec 16, w/atch.

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.