RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00614

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His flight record be corrected to add 4.3 hours of combat flight time for a sortie he flew on 5 Apr 03 in support of Operation Iraqi Freedom (OIF).

APPLICANT’S CONTENTIONS

The squadron was at war, it was a very busy and hectic time, including many inbound missile alerts, fast, and sustained combat operations, fighting with rest waivers, etc.  He believes it was an understandable, simple oversight and lost effort of record keeping.  He would like his 4.3 hours, to include 1 hour of nighttime and 1 hour of “NVG” time, because of a takeoff and landing in support of OIF.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably retired Air Force lieutenant colonel (0-5).

DD Form 215, Correction to DD Form 214, dated 7 Nov 06, shows the applicant was TDY in support of OIF from 19 Mar 03 to 16 May 03.

Excerpts of the applicant’s personnel records are at Exhibit B.

AIR FORCE EVALUATION

AF/A3TM recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error.  The documents provided do not substantiate the requested 4.3 flight hours on 5 Apr 03.  In accordance with Air Force Instruction 11-401, Aviation Management, dated 10 Dec 10, information maintained in the flight record folder will not be changed without official source documentation.  The required source documents for missing flight time are AFTO Form 781, Arms Aircrew/Mission Flight Data Document or AF Form 3520, Arms Aircrew/Mission Flight Data Extract, which the applicant did not provide.  

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 2 Oct 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 AF/A3TM 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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-00614 in Executive Session on 4 Nov 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 13 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AF/A3TM, dated 16 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 2 Oct 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-00614, as required by AFI 36-2603, paragraph 4.11.9.