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AF | BCMR | CY2013 | BC 2013 02303
Original file (BC 2013 02303.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02303
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Overseas Ribbon – Long Tour.

________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Japan from Aug 55 – Jul 57.  He served in Turkey 
from Aug 57 to Sep 58 and had a total of 2 years, 9 months and 
23 days of foreign service.

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

In support of his appeal, the applicant provides copies of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, issued in conjunction with his 14 Aug 
58 separation and a letter from his local Veterans Affairs 
commission, dated 6 May 13.

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

________________________________________________________________

STATEMENT OF FACTS:

On 15 Sep 54, the applicant enlisted in the Regular Air Force, 
for a period of four years.  

On 14 Aug 58, the applicant was released from active duty with a 
reason for separation of early separation of overseas returnee, 
with an honorable character of service.  He was credited with 
3 years and 11 months of active duty service, including 2 years, 
9 months, and 23 days of foreign service.

________________________________________________________________



THE AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  The applicant served before the 
authorization date for award of the Air Force Overseas Ribbon-
Long Tour.  Furthermore, the applicant was not serving on active 
duty as of 6 Jan 86; therefore, he is also ineligible for 
retroactive eligibility.  To grant relief would be contrary to 
the criteria established by Department of Defense Manual (DoDM) 
1348.33, the Secretary of the Air Force, Chief of Staff, and/or 
the War Department.

The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 Jan 14 for review and response.  As of this 
date, no response has been received by this office (Exhibit D).

________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available 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, Air Force Board for Correction of Military Records.  The 
applicant has not shown a sufficient reason for the delay in 
filing on a matter now dating back over 55 years.  Additionally, 
we are not persuaded the record raises issues of error or 
injustice which requires resolution on the merits based on the 
fact the applicant served on active duty before the 
authorization date for award of the Air Force Overseas Ribbon-
Long Tour.  Thus, we cannot conclude it would be in the interest 
of justice to excuse the untimely filing of this 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-2013-02303 in Executive Session on 19 Aug 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 13, w/atchs. 
    Exhibit B.  Excerpts from Applicant’s Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 2 Jan 14.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jan 14.

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