RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-00390

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

1.  The following corrections be made to his DD Form 214, 
Certificate of Release or Discharge from Active Duty:

	a. Change his separation date from 30 September 1988 to 
16 January 1989.

	b. Add the Meritorious Service Medal (MSM) 
(Administratively Corrected)

	c. Change the Vietnam Service Medal with two oak leaf 
clusters (VSM w/2OLC) to VSM w/2 Bronze Service Stars (BSS). 
(Administratively Corrected)

	d. Change the Small Arms Expert Marksmanship Ribbon (SAEMR) 
w/1 Silver Star to SAEMR w/1BSS. (Administratively Corrected)


APPLICANT CONTENDS THAT:

The Board should correct his records in the interest of 
accuracy.

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


STATEMENT OF FACTS:

Via Special Order No. AC-001761 dated 16 November 1987, the 
applicant retired effective 1 October 1988.  He was credited 
with 21 years, 8 months and 16 days of active duty service.

In a memorandum dated 26 October 2015, AFPC/DPSOR provided the 
applicant a copy of DD Form 215, Correction to DD Form 214, 
Certificate of Release or Discharge from Active Duty, to reflect 
the administrative corrections noted above.

The remaining relevant facts pertaining to this application are 
contained in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C 
and D. 


AIR FORCE EVALUATION:

AFPC/DPSID determined that no action is required regarding the 
applicant’s requests to add the MSM, the VSM w/2BSS, and the 
SAEMR w/1BSS to his record.  The aforementioned medals and/or 
ribbons as well as the Korean Defense Service Medal should have 
been awarded during the applicant's service between 22 July 
1964 and 30 September 1988 and were not reflected in his 
records.  An administrative correction to the applicant’s 
records has been completed.

A complete copy of the AFPC/DPSID evaluation, with attachment, 
is at Exhibit C.

AFPC/DPSOR recommends denial of the applicant’s request to 
change his separation date indicating there is no evidence of an 
error or injustice.  The applicant requested and was approved 
for retirement effective 1 October 1988.  At the time of 
application, he had a Date Eligible to Return from Overseas 
(DEROS) and Active Duty Service Commitment (ADSC) of 16 January 
1989.  The application was approved, his remaining ADSC was 
waived, and his DEROS was curtailed to allow the applicant to 
retire on 1 October 1988.  As such, his last day on active duty 
was 30 September 1988, one duty day prior to his retirement 
effective date.  The retirement order (AC-001761) in the 
applicant’s record, dated 16 November 1987, confirms 
30 September 1988 as the date he was relieved from active duty. 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 December 2015, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 30 days 
(Exhibit E).  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 to change his 
separation date and the available 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, Section 1552, 
Correction of military records: claims incident thereto, and AFI 
36-2603, Air Force Board for Correction of Military Records.  
The 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.  
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.  Therefore, aside 
from the administrative corrections already made to the record, 
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-2015-00390 in Executive Session on 21 January 2016, 
under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 26 January 2015, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Memorandum, AFPC/DPSID, dated 23 September 
                  2015, w/atch.
      Exhibit D.  Memorandum, AFPC/DPSOR, dated 9 December 2015.
      Exhibit E.  Letter, AFBCMR, dated 16 December 2015.