RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01403

			COUNSEL:  NONE

			HEARING DESIRED:  NO 




APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, be updated to reflect service in both 
Spain and Vietnam.



APPLICANT CONTENDS THAT:

His tours of duty in Spain and Vietnam were omitted from his 
military records.

In support of his request, the applicant submits a copy of an AF 
Form 7, Airman Military Record, which lists locations he served.

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



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 Oct 
62.

On 11 Oct 66, the applicant was furnished an Honorable 
discharge, and was credited with 3 years, 11 months, and 19 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/DPAPP recommends denial indicating there is no evidence of 
an error or an injustice.  

They reviewed the applicant’s master personnel record and did 
not locate any documentation to substantiate Foreign Service in 
Spain or Vietnam.

A complete copy of the AFPC/DPAPP 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 30 Sep 14 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 application was not filed within three years after the 
alleged error or injustice was discovered, or could have been 
discovered, as required by Section 1552, Title 10, United States 
Code (10 USC 1552), and Air Force Instruction 36-2603.  Although 
the applicant asserts a date of discovery which would, if 
correct, make the application timely, the essential facts which 
gave rise to the application were known to applicant long before 
the asserted date of discovery.  Knowledge of those facts 
constituted the date of discovery and the beginning of the 
three-year period for filing.  Thus, the application is 
untimely.

2.  Paragraph b of 10 USC 1552 permits us, in our discretion, to 
excuse untimely filing in the interest of justice.  We have 
carefully reviewed applicant's submission and the entire record, 
and we do not find a sufficient basis to excuse the untimely 
filing of this application.  The applicant has not shown a 
plausible reason for delay in filing, and we are not persuaded 
that the record raises issues of error or injustice that require 
resolution on the merits at this time.  Accordingly, we conclude 
that it would not be in the interest of justice to excuse the 
untimely filing of the application.



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 AFBCMR Docket 
Number BC-2014-01403 in Executive Session on 16 Dec 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 31 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 20 May 14.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 14.