RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01999

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect he served in Vietnam.

APPLICANT CONTENDS THAT:

He was on temporary duty (TDY) to Vietnam from 21 March 1962 to 30 April 1962.

He received the Vietnam Service Medal (VSM) as a result of his duties in Vietnam.

He needs verification of service in Vietnam in order to file for benefits with the Department of Veterans Affairs (DVA).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Armed Forces of the United States Report Transfer or Discharge, he served in the Regular Air Force from 29 December 1959 to 9 December 1963, and was credited with 3 years, 11 months and 11 days of active service, to include 2 years, 2 months and 22 days 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/DP3AM recommends denial indicating there is no evidence of an error or an injustice.

There was no evidence provided or located in the applicant’s military personnel record to substantiate or verify he served in Vietnam.  However, his foreign service boots on ground service for Clark AB, Philippines, and Cigli Air Base, Turkey, have been verified.

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 5 June 2017, 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 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 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-2016-01999 in Executive Session on 27 July 2017, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01999 was considered:

	Exhibit A.  DD Form 149, dated 10 May 16.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3AM, dated 25 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 5 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.