RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01897

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Report of Separation from Active Duty, issued 7 Sep 73 be amended to reflect his combat zone service in Southeast Asia (SEA) as a C-141 aircraft pilot.

APPLICANT’S CONTENTIONS

He provides his individual flight record printout dated 6 May 72 and officer performance report (OPR) for the reporting period ending 28 Jan 72. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force first lieutenant (O-2).  

On 20 Mar 73, the applicant requested voluntarily to tender his resignation for discharge as a conscientious objector.  

A conscientious objector hearing convened on 3 Apr 73 and on 9 Apr 73, the hearing officer stated the applicant was sincere in his belief of nonviolence and his convictions were so deep, he could not continue in military service.  Accordingly, it was recommended he be discharged.  

On 3 May 73, the applicant’s wing commander recommended the applicant’s resignation be approved.  

On 11 May 73 and 21 May 73, the staff judge advocate found the applicant’s request for discharge as a conscientious objector was legally sufficient.  

On 27 Aug 73, the Air Force Personnel Board accepted the applicant’s resignation submitted on 20 Mar 73 and directed he be discharged with an honorable discharge as a conscientious objector as soon as possible.  

On 30 Aug 73, the Air Force Military Personnel Center (AFMPC) forwarded a joint message to the base personnel office that the applicant’s request for discharge as a conscientious objector was approved.  The joint message form is cited in the authority and reason for separation in the applicant’s DD Form 214.    

On 7 Sep 73, the applicant was honorably discharged, with authority and reason of “AFR 36-12 & AFPC MSG 301834Z Aug 73 SDN 558,” denoting his discharge as a conscientious objector.  The applicant’s primary specialty shows as “1043L, Pilot Transport.” He was credited with 3 years, 5 months and 6 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

AF/A3TM recommends denial.  In accordance with AFMAN 11-401, Aviation Management, hostile airspace is airspace within a combat zone specifically designated by the commander for the air forces (COMAFFOR), based on the risk of exposure to hostile fire.  The documents provided do not validate the applicant’s missions as a C-141 pilot were accomplished within the combat zone of SEA.  

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 29 Sep 22 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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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-2021-01897 in Executive Session on 20 Oct 22 and 31 Oct 22:

 , 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 9 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AF/A3TM, dated 26 Apr 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 Sep 22.

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.