RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05323
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he served in the Republic of 
Vietnam.

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APPLICANT CONTENDS THAT:

He wants to register with the Department of Veterans Affairs 
(DVA) as a veteran with Vietnam service but his records show 
different answers as it relates to his service in Southeast 
Asia. 

In support of his request, the applicant provides copies of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge and National Archives (NA) Form 13059, 
Transmittal of and/or Entitlement to Awards.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

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

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STATEMENT OF FACTS:

On 4 Jun 70, the applicant enlisted in the Regular Air Force.  

On 2 Jun 72, the applicant was released from active duty and 
transferred to the Air Force Reserve.  He was credited with 
1 year, 11 months and 29 days of total active service.

According to the NA Form 13059, dated 6 Nov 02, provided by the 
applicant, he is entitled to the Vietnam Service Medal (VSM), 
Republic of Vietnam Campaign Medal (RVCM), and the Republic of 
Vietnam Gallantry Cross with Palm (RVGC w/Palm).

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating the applicant’s military 
personnel records does not contain information that reflects he 
served in Vietnam.

A review of the applicant’s records revealed that he had boots 
on the ground in Thailand from 12 Nov 70 to 12 Nov 71.

A copy of the DPAPP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Feb 14, for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
response.

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FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
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 and Air Force Instruction 36-
2603.  The applicant has not shown a sufficient 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.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the untimely filing of this application.

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DECISION OF THE BOARD:

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-2013-05323 in Executive Session on 9 Sep 14, under the 
provisions of AFI 36-2603:

	                    , Panel Chair
	                 , Member
	                  , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-05323 was considered:

	Exhibit A.  DD Form 149, dated 8 Nov 13, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, AFPC/DPAPP, dated 15 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 14.




                                   

                                  

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