RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03619
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be given Prisoner of War (POW) status due to his captivity in
Iran on 14 Feb 79.
________________________________________________________________
APPLICANT CONTENDS THAT:
While assigned to Detachment 1, 1945th Communications Group,
Tehran, Iran, he was held hostage by leftist guerrillas as they
seized the U.S. Embassy and his communications complex at the
Tehran Airport.
He was held captive and threatened on a daily basis until his
release, arranged by Former Secretary of State Henry Kissinger.
In support of his request the applicant provides copies of his
Diplomatic Immunity Card, a 26 Feb 79 Newsweek magazine article,
a copy of his Joint Service Commendation Medal and Meritorious
Service Medal.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Regular Air Force
from 26 Nov 76 to 31 May 95. His DD Form 214 reflects a total
of 18 years, 6 months, and 5 days of total active service, which
includes 4 years and 8 months of Foreign Service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPWC recommends denial of the applicants request for POW
status. DPWC states in part, the applicants was not identified
as one of the sixty-six hostages that were held captive on
4 Nov 79 when Iranian militants stormed the US Embassy in
Tehran. The applicants Military Personnel Records (MPR)
reflects he was stationed at Tehran, Iran from 2 Mar 78 through
18 Feb 79 and supported the early evacuation of personnel
efforts when the Iranian royal regime collapsed. However, the
applicant did not submit any official documentation supporting
being a hostage during the Iran hostage crisis (4 Nov 79)
through 20 Jan 81).
The complete DPWC evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that he was not in Iran when the US Embassy
was overrun by terrorists on 4 Nov 79. However, he was at the
US Embassy when it was attacked on 14 Feb 79. He also provides
a timeline leading up to the events, which is fully explained in
his response. In further support of his request, he submits
internet web pages detailing the attack on 14 Feb 79.
The applicants response, with attachments, 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. 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 which
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 Docket Number BC-
2011-03619 in Executive Session on 29 Mar 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Sep 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPWC dated 17 Nov 11.
Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11.
Exhibit E. Rebuttal, Applicant, undated, w/atchs.
Panel Chair
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