RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03895

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his foreign service in Saudi Arabia and Spain.

APPLICANT CONTENDS THAT:

He was deployed to Spain but believes his deployment to Saudi Arabia was tagged as temporary duty (TDY) and was overlooked.  Also, it was a hectic time with moving personnel all around.

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

STATEMENT OF FACTS:

On 9 Jan 87, the applicant commenced his enlistment in the Regular Air Force.

The applicant’s performance report for the period ending 30 Jan 91 reflects the applicant was TDY to Torrejon AB, Spain, in support of Operation DESERT SHEILD from Aug 90 through Dec 90.

On 31 Jul 91, the applicant was furnished an honorable discharge, and was credited with 4 years, 6 months, and 22 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 applicant’s foreign service in Spain has been verified.  However, foreign service in Saudi Arabia could not be verified.  There was no evidence provided or in the applicant’s records to substantiate he served in Saudi Arabia.

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 6 Oct 17, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3AM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD DETERMINES THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The following members of the Board considered AFBCMR Docket Number BC-2016-03895 in Executive Session on 10 May 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03895 was considered:

	Exhibit A.  DD Form 149, dated 20 Sep 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3AM, dated 15 Dec 16.
	Exhibit D.  Letter, AFBCMR, dated 6 Oct 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.