RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05326 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Report of Separation from Active Duty, be amended to reflect his services as a member of the Ground Defense Forces in Iceland with the U.S. Marine Corps from Oct 71 to Mar 72. 2. He receives a certificate of service from the U.S. Marine Corps. ________________________________________________________________ APPLICANT CONTENDS THAT: His pay records were lost for four months and his medical records regarding his frozen leg, feet and the injuries he received could not be found by the Department of Veterans Affairs (DVA). The Board should consider his application in the interest of justice as he has a record of three honorable discharges and a clean DD Form 214. He served no matter what the assignment and simply wants his record to be correct and reflective of what he did for 11 years. In support of his requests, he provides copies of a memorandum to the Commandant of the Marines, DD Form 214, DD Forms 256AF, Honorable Discharge Certificate and various other documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 16 Jun 66, the applicant entered active duty. On 26 Apr 74, he was honorably discharged after serving 7 years, 10 months and 12 days on active duty. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s request for amendment of his DD Form 214 to reflect his service in Iceland. DPSOR found no errors in the processing of his DD Form 214 and no evidence was provided to the contrary. DODI 1336.01, Certificate of Release or Discharge from Active duty (DD Form 214/5/Series), and governing Air Force instructions and policy at the time the applicant served did not authorize the listing of duty history or mention of deployments/service on foreign soil on the DD Form 214. A review of the applicant’s military records confirmed he was assigned to Iceland from 13 Sep 71 to 10 Jan 72. This time is reflected in the one year of foreign service (block 18f) on the DD Form 214. The applicant has failed to provide evidence that his DD Form 214 was prepared in error. The complete DPSOR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The confirmation of his service in Iceland indirectly affirmed his request for a certificate of service which the Board failed to issue. The time of assignment, 13 Sep 71 to 10 Jan 72, is an error. He served Oct 71 to Mar 72 and requests a certificate of service for Ground Defense Forces Iceland U.S. Marine Corps. He was serving watch duty at the end of the runway when a blizzard hit. The watch tower blew over with him in it. His left leg was frozen and his back was injured. He was treated by Navy medical personnel for frost bite and injuries. When he applied for his claim after his discharge, the records could not be located. According to DODI 1336.1(3).2, every member being separated is given a completed DD Form 214 describing relevant data regarding the member’s service. The transfer to Ground Defense Forces would have been considered relevant data since it would have included the Cold War Recognition Certificate and medal which would be indicated in block 26 of the DD Form 214. In further support of his requests, the applicant provides a personal statement, copies of AF Form 899, Request and Authorization for Permanent Change of Station – Military; DODI 1336.1; and various other documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit E. In another 1etter dated 9 Aug 14, the applicant disputes the calculated time he was in Iceland as a member of Ground Defense Forces Iceland. On 9 Jan 72, he was on emergency leave for 30 days, he returned to Iceland when the racial attack occurred. The applicant’s complete submission is at Exhibit F. ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of the evidence of record, we find the application untimely. The applicant did not file his request to correct his record to reflect his service in Ground Defense Forces Iceland within three years after the alleged error or injustice was 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. The applicant has not shown a sufficient reason for the delay in filing on a matter now dating back 32 years, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. With respect to the applicant’s request for a certificate of service from the U.S. Marine Corps, this Board is without authority to approve this portion of the application and suggests the applicant apply to the Board for Correction of Naval Records (BCNR). ________________________________________________________________ DECISION OF THE BOARD: 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 Docket Number BC- 2013-05326 in Executive Session 9 and 16 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member ________________________________________________________________ The following documentary evidence pertaining to Docket Number BC-2013-05326 was considered: Exhibit A. DD Form 149, dated 10 Nov 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSOR, dated 17 Jun 14. Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14. Exhibit E. Letter, Applicant, dated 1 Aug 14, w/atch. Exhibit F. Letter, Applicant, dated 14 Aug 14.