RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01261 

						COUNSEL:  

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect foreign-service credit and award of the Southwest Asia Service Medal (SWASM).

APPLICANT CONTENDS THAT:

He served in Saudi Arabia from 25 Dec 91 thru 23 Mar 92, and should have received foreign-service credit and the SWASM.  He would like to join the Veterans of Foreign War organization.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Aug 88.

On 25 Aug 92, the applicant was furnished an honorable discharge, and was credited with 4 years of active service an no foreign service.   

We attempted to obtain copies of his Master Personnel Records from the National Personnel Records Center (NPRC); however, they were not available.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of foreign-service credit, indicating without reviewing his Master Personnel Records they are unable to verify foreign-service.  

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DP3SP recommends denial of the SWASM, indicating without reviewing his Master Personnel Records they are unable to verify if the applicant meets the criteria for award of the SWASM.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his response, the applicant provides a letter from a Department of Veteran’s Affairs (VA) representative stating it is reasonable to assume the dates identified for the hostile fire/imminent danger pay are for the same tour of duty referenced by the applicant.  He also states the applicant was never given a chance to review any documentation pertaining to his tour of duty from his deployment.  The applicant’s complete response, with attachments, is at Exhibit E.

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.  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, aside from the aforementioned administrative corrections, 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-2016-01261 in Executive Session on 7 Nov 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01261 was considered:

	Exhibit A.  DD Form 149, dated 24 Mar 16, w/atchs.
	Exhibit B.  Personnel Records Notification.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 22 Jul 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 23 Aug 16.
	Exhibit E.  Letter, AFBCMR, dated 26 Jan 17.
	Exhibit F.  Applicant’s Rebuttal, dated 1 Jun 17.
	
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.