Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 04350
Original file (BC 2013 04350.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04350

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his service in Vietnam.

________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 does not reflect he performed temporary duty (TDY) in Vietnam at Da Nang AB, RVN, and Phu Cat AB, RVN.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 27 Oct 68.

From 16 Dec 68 through 20 Nov 70, the applicant was assigned to the 604 Military Airlift Support Squadron, Clark AB, Philippines.  

On 27 Feb 72, the applicant was furnished an Honorable discharge being credited with 3 years, 2 months, and 12 days of active service, which included 1 year, 2 months, and 28 days 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, which is attached at Exhibit C.    

_______________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice.  The office of primary responsibility (OPR) was able to verify and confirm the applicant’s foreign service time at Clark AB, Republic of the Philippines, but his Master Personnel Records and documentation submitted failed to substantiate foreign service in Vietnam.  

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a copy of an Indorsement to Special Orders for Fight J254, scheduled to depart Clark AB, RP on 5 Dec 70, and a copy of his TDY orders to DaNang AB, RVN, Phu Cat AB, RVN, and Yokato AFB, Japan dated 13 Jan 70 (submitted with original application).

________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the 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.  The applicant has not shown a plausible 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 applicant’s failure to file in a timely manner.  

________________________________________________________________

THE BOARD DETERMINES THAT:

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-2013-04350 in Executive Session on 22 Jul 14, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Sep 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPAAP, dated 8 Oct 13.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 14.
	Exhibit E.  Letter, Applicant, dated 28 Jan 14, w/atchs.




                                   

Similar Decisions

  • AF | BCMR | CY2013 | bc-2012-01966

    Original file (bc-2012-01966.pdf) Auto-classification: Denied

    DPAPP states that a review of the applicant’s Master Personnel Records and the documentation submitted does not substantiate his claim that he served in Vietnam. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 12. In support of the applicant’s request that his records be corrected to reflect his service in the Republic of Vietnam (RVN), he has provided the original temporary duty (TDY) orders assigning him from Clark Air Base, the Philippines, to Hue Phu Bai, RVN for two days in February 1968 and...

  • AF | BCMR | CY2010 | BC-2010-03687

    Original file (BC-2010-03687.txt) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of boots on ground in Vietnam, stating, in part, that the applicant’s master personnel records and the documentation submitted failed to provide any evidence that substantiates foreign service time in Vietnam. While it is not conclusive that the applicant served in the Republic of Vietnam, we find the submitted evidence to be credible and consistent with his statements and...

  • AF | BCMR | CY2012 | BC 2012 01966

    Original file (BC 2012 01966.txt) Auto-classification: Denied

    DPAPP states that a review of the applicant’s Master Personnel Records and the documentation submitted does not substantiate his claim that he served in Vietnam. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 12. Panel Chair AFBCMR BC-2012-01966 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Application of I have carefully reviewed the evidence of record and the recommendation of the Board members.

  • AF | BCMR | CY2013 | BC 2013 00536

    Original file (BC 2013 00536.txt) Auto-classification: Approved

    ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He has documentation from a fellow service member who served in Vietnam with him who experienced a similar problem regarding his service in Vietnam, and how his records were corrected by the Air Force. Therefore, we recommend that his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent...

  • AF | BCMR | CY2010 | BC-2010-04365

    Original file (BC-2010-04365.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04365 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he served in Vietnam and the Philippines (Philippines service administratively corrected). However, the DD Forms 1351-2, Travel Voucher or Subvoucher, was illegible and requested the applicant provide a legible...

  • AF | BCMR | CY2012 | BC-2012-02254

    Original file (BC-2012-02254.txt) Auto-classification: Denied

    While his Master Personnel Records did confirm foreign service at Clark Air Base, Philippines for a period of 1 year, 5 months, and 25 days, the total foreign service time as reflected on his DD Form 214 reflects 1 year, 7 months, and 25 days of foreign service; however, since it cannot be proven that he did not serve additional foreign service that cannot be found in the records, no corrective action should be taken. The complete AFPC/DPAPP evaluation is at Exhibit...

  • AF | BCMR | CY2013 | BC 2013 03160

    Original file (BC 2013 03160.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03160 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be corrected to show the following: 1. He served in Vietnam. The applicant’s complete response, with attachments, is at Exhibit...

  • AF | BCMR | CY2011 | BC-2011-00026

    Original file (BC-2011-00026.txt) Auto-classification: Denied

    AFPC/DPAPP verified the applicant served at Kadena Air Base (AB), Japan, from 20 Sep 67 to 22 Mar 68, for a total of six months and four days. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The documentation provided to date clearly shows flight time during both TDYs, in 67-68 and 68-69. Someone must know KC-135 crew chiefs flew with their aircraft on most missions at that time.

  • AF | BCMR | CY2010 | BC-2010-00163

    Original file (BC-2010-00163.txt) Auto-classification: Denied

    ___________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect the appropriate awards and foreign service time. Only members of the armed forces of the United States who meet the criteria established for the AFEM (Vietnam) or Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the RVN armed...

  • AF | BCMR | CY2013 | BC 2013 04896

    Original file (BC 2013 04896.txt) Auto-classification: Approved

    The applicant’s AF Form 11, Officer Military Record, reflects foreign service from 28 Jan 68 to 1 July 68 for 155 days. While the applicant has not provided conclusive evidence of the exact length of time he was in Korea, it is our opinion that the available evidence appears to weigh more in favor of amending the applicant’s DD Form 214 to reflect his foreign service as requested. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...