RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00595
			COUNSEL:  NONE
	XXXXXXXXXX	HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He receive travel payments in conjunction with his 21 April 
1967 separation from active duty to his Home of Record (HOR).


APPLICANT CONTENDS THAT:

Following 12 years of outstanding service, he was reduced to the 
grade of airman basic (E-1) and received a Bad Conduct Discharge 
(BCD).  Joint Federal Travel Regulations authorized travel pay 
for him and his dependents to his HOR; however, he was never 
paid.

The Board should find it in the interest of justice to consider 
his untimely application because it is an opportunity to rectify 
a longstanding injustice.  In addition, he only became aware in 
2014, that he was entitled to travel pay to his HOR.

In support of his request, the applicant provides a personal 
statement, copies of his discharge documents, DVA appeal letter, 
performance reports, Record of Emergency Data, and various other 
documents associated with his request.

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


STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Armed Forces of the 
United States Report of Transfer or Discharge, his place of 
entry into the Regular Air Force was Atlanta, GA.

According to DD Form 259AF, Bad Conduct Discharge Certificate, 
on 21 April 1967, the applicant was discharged from the Air 
Force by reason of sentence of a special court martial.

According to Special Order A-484 dated 20 April 1967, the 
applicant was discharged under other than honorable conditions, 
effective 21 April 1967. 

In a letter dated 29 October 1975, the Air Force Discharge 
Review Board changed the applicant’s discharge characterization 
to a general (under honorable conditions) discharge effective 
21 April 1967.


AIR FORCE EVALUATION:

USAF/A1PA recommends denial.  The applicant’s request is 
untimely and while he stated that he recently learned of the 
travel entitlements, he did not explain how he learned about the 
entitlement nor did he explain why he did not inquire at an 
earlier time about travel entitlements in the 29 years that have 
passed since 1975 when his BCD was upgraded to a general (under 
honorable conditions) discharge.  There are no records available 
to address whether he received any travel allowance when he was 
given the BCD such that the Air Force could avoid a duplicate 
payment.  His extended delay in raising the issue is not 
excusable and as a result, the Air Force is unable to accurately 
ascertain the facts associated with payments that might have 
been made to the claimant.  The Air Force cannot defend a 
position against the merits of the case without the information.  
As a result, the claim is untimely and the applicant should not 
recover.

The complete A1PA evaluation, with attachments, is at Exhibit C.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

His BCD discharge was a result of prejudice and bigotry because 
of accusations made by a loan company office manager.  Five 
months after his discharge from the Air Force, he spent over six 
years in Vietnam employed as a senior electronic technician.  
Upon his return home, he enrolled in full-time college courses, 
but eventually left to take a job in Iran with an F-14 aircraft 
project.  He did not have any affiliation with the military 
until he attended a Department of Veterans Affairs appeals 
hearing in 2014.  This is when he became aware that he was 
entitled to travel pay to his HOR.  Disapproval of his request 
based on untimeliness is inequitable because he was not aware of 
this entitlement until 2014.  It would, however be equitable to 
pay his HOR entitlements with interest.

In further support of his request, the applicant provides 
letters and his performance reports. 


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the evidence of record, we find 
the application untimely.  The applicant did not file within 
three years after the alleged error or injustice was discovered 
as required by Title 10, United States Code, § 1552 and Air 
Force Instruction 36-2603, Air Force Board for Correction of 
Military Records.  The applicant’s delay in filing on a matter 
now dating back almost 29 years has greatly complicated the 
ability to determine the merits of his position.  Consequently, 
the Air Force cannot defend a position against the merits of the 
case without the information.  Therefore, we cannot conclude it 
would be in the interest of justice to excuse the applicant’s 
failure to file in a timely manner.


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 this application 
in Executive Session on 15 January 2015, under the provisions of 
AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence pertaining to BC-2014-00595 
was considered:

      Exhibit A.  DD Form 149, dated 6 February 2014, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, USAF/A1PA, dated 30 April 2014.
      Exhibit D.  Letter, SAF/MRBR, dated 15 May 2014.
      Exhibit E.  Letter, Applicant, undated, w/atchs.