RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05814 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be amended to reflect that he served in Vietnam. _________________________________________________________________ APPLICANT CONTENDS THAT: In 1975, while assigned to the 36th Security Police Squadron, Andersen AFB, Guam, he volunteered to go to Vietnam as a part of the evacuation. He was on the ground for 24 hours and performed this duty twice; however, it is not reflected on his DD Form 214. The correction is required for his Department of Veterans Affairs (DVA) claim. He was there so it should state that in his records. The Board should find it in the interest of justice to consider his application since he has been trying to get his records changed to no avail and this is the first time he came across the DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552. In support of his request, the applicant provides a copy of his DD Form 214. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 17 Apr 72, the applicant entered active duty. On 19 Jan 76, he was honorably released from active duty after serving 3 years, 9 months and 3 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. The information provided by the applicant and a review of his master personnel records did not contain information that reflects he served in Vietnam. DPAPP was able to confirm foreign service boots on ground at Andersen AFB, Guam but was unable to verify any service in Vietnam. The complete DPAPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 Mar 14, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: 1. After careful consideration of the evidence of record, we find the application untimely. The applicant did not file his request for correction of his records to reflect he served in Vietnam 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 over 38 years, which has greatly complicated the board’s ability to determine the merits of the application. Moreover, the applicant has not provided substantial evidence, such as a travel voucher which would persuade us that his records should be corrected to show boots on ground in Vietnam. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 2. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _______________________________________________________________ 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 AFBCMR Docket Number BC-2013-05814 in Executive Session on 9 Sep 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Dec 13, w/atch. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 14 Feb 14. Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.