RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04776

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

1.  He receive a new DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting his service in 1990 and his status as a Prisoner of War 
(POW).

2.  Change “B1-B” to read “RC-135” on his current DD Form 214.  


APPLICANT CONTENDS THAT:

His service during the period Feb 90 through Oct 90, to include his POW status from Aug 90 through Oct 90, does not appear on his DD Form 214.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Sep 85.

On 14 Mar 89, the applicant was furnished an honorable discharge, and was credited with 3 years, 5 months, and 15 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/DPFCM recommends denial indicating there is no evidence of an error or an injustice.  Department of Defense Joint Publication 1-02, DoD Dictionary of 
Military and Associated Terms, defines prisoner of war as “a detained person as defined in Articles 4 and 5 of the Geneva Convection Relative to the 
Treatment of Prisoners of War of August 12, 1949.”  The eligibility criterion was expanded in 1989 to include those individuals serving in any capacity 
with the armed forces who were taken and held captive by “foreign armed forces” that are hostile to the United States.  The applicant’s official military 
records do not include any documentation to substantiate his contention he was held as a POW, nor did he submit such documentation with his application.  
The Air Force Casualty and Missing Persons records show no Air Force personnel were reported “missing-captured” during the time period the applicant 
references.  Strongly recommend denial.   

A complete copy of the AFPC/DPFCM 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 25 Feb 15 for review and comment within 30 days (Exhibit D).  As of this date, no 
response has been received by this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file 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.
Applicant has not shown a plausible reason for the delay in filing, 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.  


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-2014-04776 in Executive Session on 11 Aug 15 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member


The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04776 was considered:

	Exhibit A.  DD Form 149, dated 18 Nov 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFCM, dated 6 Feb 15.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 15.
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