RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04945

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

He be credited with shooting down an enemy aircraft on 2 Jun 67.

APPLICANT’S CONTENTIONS

He requests credit for shooting down an enemy aircraft based on the statements of his copilot and wingman.  In Jun 67, while on an aerial mission over North Vietnam, he shot down an enemy aircraft.  While he did not witness the missile impact with the aircraft, he has recently learned that his copilot and wingman witnessed and confirmed the circumstances of shooting down the enemy aircraft.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force colonel (O-6).

The applicant entered the Air Force on 30 Nov 57.

Special Order G-1041, dated 18 Jul 67 reflects the applicant received an Air Medal for participating in an aerial flight in Southeast Asia during the period 15 Apr 67 to 2 Jul 67. 

The applicant was honorably discharged on 31 Oct 85.

On 1 Nov 85, the applicant retired and was credited with 31 years, 8 months and 4 days of active duty service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFHRA/RSO recommends denying the application.  Following a review of  historical records there was no evidence found of an aerial claim or award for the applicant, his wing, or squadron for an aerial mission on 2 Jun 67.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Jan 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFHRA/RSO and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04945 in Executive Session on 23 Jul 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFHRA/RSO, dated 23 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated13 Jan 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.