RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05157
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to reflect he served in the
Republic of Vietnam (administratively corrected).
2. He be paid for the leave he accrued at the time of
discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was on Temporary Duty (TDY) to Binthuy Air Base, Republic of
Vietnam from Nov 69 to May 79 and while there, he purchased a
cigarette lighter that he still has today. He believes the
lighter is proof of his time in Vietnam. He also still has the
Military Payment Certificates (MPC) used as currency on base in
Vietnam.
In support of his request, the applicant provides copies of
Military Payment Certificates (MPCs), his DD Form 214, Armed
Forces of the United States Report of Transfer or Discharge, and
a copy of a cigarette lighter with Vietnam inscribed on it.
The applicant provides no rationale as to why his failure to
timely file should be waived in the interest of justice.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 15 Aug 72, the applicant was discharged from the Air Force.
His DD Form 214, Block 26(b), Days Accrued Leave Paid, reflects
Not Paid See Item #30.
His DD Form 214, Block 30, Remarks, reflects Accrued Leave Not
Available At Time Of Separation.
A review of the applicants records revealed that he had boots
on the ground in Vietnam from 10 Dec 69 to 28 Apr 70 and his
official military personnel records will be administratively
corrected (Exhibit C).
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. The applicants DD Form 214,
Block 26(b), Days Accrued Leave Paid, reflects he did not
receive pay for accrued leave; however, the amount of leave he
had prior to separation was not annotated on his DD Form 214.
DPSIM states they were unable to determine how much leave the
applicant had prior to his separation or how much money he was
entitled to.
A complete copy of the DPSIM evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 Apr 14, for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
response.
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants 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.
________________________________________________________________
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-2013-05157 in Executive Session on 9 Sep 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Oct 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records
Exhibit C. Letter, AFPC/DPAPP, dated 13 Jan 14, w/atch.
Exhibit D. Letter, AFPC/DPSIM, dated 27 Mar 14.
Exhibit E. Letter, SAF/MRBR, dated 25 Apr 14.
2
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