RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04839 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be corrected to reflect his participation in Operation BABY LIFT. APPLICANT CONTENDS THAT: His participation in Operation BABY LIFT was accidentally omitted from his DD Form 214. His military pay record reflects that he received hostile fire pay for this mission. In support of his request, the applicant provides a letter from the former Director of Security Forces stating he was assigned as an additional crew member for a flight near the Republic of Vietnam for the period of 22-23 Apr 75 in direct support of “Operation BABYLIFT.” The applicant also provides a copy of an undated letter stating he was projected to deploy as an additional crew member to Saigon with a return date of 23 Apr 75. The applicant also provides copies of 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, on 8 Sep 72, he enlisted in the Regular Air Force. On 7 Sep 76, the applicant received an honorable discharge, and was credited with 4 years, 3 months, and 14 days of total active service. According to DoD 1348.33-M, Manual of Military Decorations and Awards, the inclusive dates for Operation BABY LIFT are from 4 Apr 75 to 9 May 75. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. A review of the applicant's military records does not clearly support participation in Operation Baby Lift. The only documentation that makes reference to the applicant's participation is from the retired Director of Security Forces. It states the flight that the applicant was assigned to as an additional crew member for the period of 22- 23 Apr 75 was in direct support of Operation BABY LIFT. The memorandum from the Security Police Commander indicates the applicant was 'projected' to deploy, but does not confirm that he did deploy. Evidence of travel is generally confirmed by a post travel voucher, a citation or remark in a performance report. There was no evidence of any of these in the applicant’s military record. Operation BABY LIFT is reported to have begun on 4 Apr 75 and concluded 10 days later on 14 Apr 75, prior to the applicant's 22-23 Apr 75 projected travel dates. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant, through his state’s Department of Veterans’ Services Office, asserts that the letter he provided from the former Director of Security Forces is the most reliable source of evidence following the “Best Evidence Rule” in the rules of evidence for court. In further support of his request, the applicant provides copies of his military pay documents indicating he received hostile fire pay from 22-23 Apr 75 and various other documents associated with his request. The applicant’s complete response, with attachments is at Exhibit E. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. However, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note the comments of AFPC/DPSPR indicating the applicant’s military records do not clearly support participation in Operation Baby Lift. However, we find the statement from the former Security Forces Director, a senior officer, stating the applicant was assigned as an additional crew member in direct support of “Operation BABY LIFT” coupled with the applicant’s military pay records which reflects that he received hazardous duty pay during the same timeframe sufficient to grant the requested relief. Therefore, we recommend his records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military record of the Department of the Air Force relating to APPLICANT, be corrected to show that his DD Form 214, Report of Separation from Active Duty, be amended to reflect he participated in Operation BABY LIFT from 22 Apr 75 to 23 Apr 75. The following members of the Board considered AFBCMR Docket Number BC-2014-04839 in Executive Session on 6 Aug 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 20 Jan 15. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 15. Exhibit E. Letter, Applicant’s Veteran’s Representative, dated 24 Feb 15, w/atchs.