RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02549
            INDEX CODE:  129.00, 100.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 (Armed  Forces  of  the  United  States  Report  of
Transfer or Discharge),  effective  21  Oct  68,  be  corrected  to
reflect his grade as sergeant (E-4) and his last duty assignment as
60th SPS rather than Det 1, 60th FIS (ADC).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to the rank of sergeant and pay grade of E-4 during
the Sep-Oct  68  timeframe.   His  DD  Form  214  is  incorrect  in
reflecting his rank as airman first class.  He also states that  he
was assigned as a security policeman.

In support of his appeal, applicant submitted a copy of his DD Form
214; a copy of his DD Form 215; copy of  Reserve  Order  CA-009569,
dated 23 Feb 71, and a copy of  his  discharge  certificate,  dated
21 Feb 71.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  22  Feb  65  for  a
period  of  four  years  in  the  grade  airman  basic.    He   was
progressively promoted to the grade of airman  first  class  (E-3),
with an effective date and date of  rank  of  1  Feb  66.   He  was
released from active duty and transferred to the Air Force  Reserve
on 21 Oct 68, in the  grade  of  airman  first  class  (E-3).   His
Release and Discharge Order, dated  20  Sep  68,  reflects  he  was
relieved from  assignment  with  Det  1,  60th  FIS  (ADC),  Bangor
International Airport, Bangor Maine.  He completed 3  years  and  8
months of active duty, which included 1 year, 5 months, and 27 days
of foreign service.

Applicant was awarded  the  Republic  of  Vietnam  Campaign  Medal,
National Defense Service Medal, Vietnam  Service  Medal,  with  One
Bronze Service Star (BSS), Air Force Good Conduct  Medal,  and  Air
Force Outstanding Unit Award (AFOUA).

On 21 Feb 71, he  was  honorably  discharged  from  the  Air  Force
Reserve in the grade of sergeant.

On 29 May 03, applicant’s records were  administratively  corrected
to reflect award of the Vietnam  Service  Medal,  with  Two  Bronze
Service Stars, AFOUA, with Valor and One Oak Leaf Cluster, and  the
Republic of Vietnam Gallantry Cross, with Palm.

On 2 Jul 03, the Board denied the applicant’s request to  have  his
DD Form 214 corrected to reflect award of the Republic  of  Vietnam
Civic Action Medal with One Oak Leaf  Cluster  and  the  Air  Force
Outstanding Unit Award with Two  Oak  Leaf  Clusters  and  a  Valor
device.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB reviewed this  application  and  recommended  denial
based  on  a  lack  of  official  documentation.   They  state  the
applicant was discharged from active duty in the  grade  of  airman
first class.  He was then transferred to the Air Force Reserve  and
honorably discharged in the grade of sergeant.

On 8 Aug 03, they requested additional documentation, specifically,
orders promoting him to the rank of sergeant; otherwise, they found
insufficient documentation to support his contentions.

Through his congressman, applicant responded  to  the  request  for
additional documentation and stated  that  the  documents  supplied
supported his contentions.

A complete copy of the evaluation, with attachments, is at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 26 Sep 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

By letter,  dated  3  Dec  03,  through  his  member  of  Congress,
applicant explained his views of the circumstances surrounding  his
rank at the time of discharge.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The application was not filed  within  three  years  after  the
alleged error or injustice  was  discovered,  or  could  have  been
discovered, as required by Section 1552, Title  10,  United  States
Code (10 USC 1552), and Air Force  Instruction  36-2603.   Although
the applicant asserts a date of discovery that would,  if  correct,
make the application timely, applicant  knew  the  essential  facts
that gave rise to the application long before the asserted date  of
discovery.  Knowledge  of  those  facts  constituted  the  date  of
discovery and the beginning of the three-year  period  for  filing.
Thus the application is untimely.

2.  Paragraph b of 10 USC 1552 permits us, in  our  discretion,  to
excuse untimely  filing  in  the  interest  of  justice.   We  have
carefully reviewed applicant's submission and  the  entire  record,
and we do not find a sufficient basis to excuse the untimely filing
of this application.  The  applicant  has  not  shown  a  plausible
reason for delay in filing, and  we  are  not  persuaded  that  the
record raises issues of error or injustice that require  resolution
on the merits at this time.  Accordingly, we conclude that it would
not be in the interest of justice to excuse the untimely filing  of
the application.

___________________________________________________________________

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-2003-01737  in  Executive  Session  on  19  November  2003   and
11 December 2003, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha Maust, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 28 Aug 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Sep 03.
    Exhibit E.  Letter, Applicant’s Congressman, dated 5 Dec 03,
                with applicant’s response, dated 3 Dec 03.





                                   THOMAS S. MARKIEWICZ
                                   Chair