RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05326
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His DD Form 214, Report of Separation from Active Duty, be
amended to reflect his services as a member of the Ground
Defense Forces in Iceland with the U.S. Marine Corps from Oct
71 to Mar 72.
2. He receives a certificate of service from the U.S. Marine
Corps.
________________________________________________________________
APPLICANT CONTENDS THAT:
His pay records were lost for four months and his medical
records regarding his frozen leg, feet and the injuries he
received could not be found by the Department of Veterans
Affairs (DVA).
The Board should consider his application in the interest of
justice as he has a record of three honorable discharges and a
clean DD Form 214. He served no matter what the assignment and
simply wants his record to be correct and reflective of what he
did for 11 years.
In support of his requests, he provides copies of a memorandum
to the Commandant of the Marines, DD Form 214, DD Forms 256AF,
Honorable Discharge Certificate and various other documents
associated with his requests.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 16 Jun 66, the applicant entered active duty.
On 26 Apr 74, he was honorably discharged after serving 7 years,
10 months and 12 days on active duty.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial of the applicants request for
amendment of his DD Form 214 to reflect his service in Iceland.
DPSOR found no errors in the processing of his DD Form 214 and
no evidence was provided to the contrary. DODI 1336.01,
Certificate of Release or Discharge from Active duty (DD Form
214/5/Series), and governing Air Force instructions and policy
at the time the applicant served did not authorize the listing
of duty history or mention of deployments/service on foreign
soil on the DD Form 214. A review of the applicants military
records confirmed he was assigned to Iceland from 13 Sep 71 to
10 Jan 72. This time is reflected in the one year of foreign
service (block 18f) on the DD Form 214. The applicant has
failed to provide evidence that his DD Form 214 was prepared in
error.
The complete DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The confirmation of his service in Iceland indirectly affirmed
his request for a certificate of service which the Board failed
to issue. The time of assignment, 13 Sep 71 to 10 Jan 72, is an
error. He served Oct 71 to Mar 72 and requests a certificate of
service for Ground Defense Forces Iceland U.S. Marine Corps.
He was serving watch duty at the end of the runway when a
blizzard hit. The watch tower blew over with him in it. His
left leg was frozen and his back was injured. He was treated by
Navy medical personnel for frost bite and injuries. When he
applied for his claim after his discharge, the records could not
be located.
According to DODI 1336.1(3).2, every member being separated is
given a completed DD Form 214 describing relevant data regarding
the members service. The transfer to Ground Defense Forces
would have been considered relevant data since it would have
included the Cold War Recognition Certificate and medal which
would be indicated in block 26 of the DD Form 214.
In further support of his requests, the applicant provides a
personal statement, copies of AF Form 899, Request and
Authorization for Permanent Change of Station Military; DODI
1336.1; and various other documents associated with his
requests.
The applicants complete submission, with attachments, is at
Exhibit E.
In another 1etter dated 9 Aug 14, the applicant disputes the
calculated time he was in Iceland as a member of Ground Defense
Forces Iceland. On 9 Jan 72, he was on emergency leave for
30 days, he returned to Iceland when the racial attack occurred.
The applicants complete submission is at Exhibit F.
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of the evidence of record, we find
the application untimely. The applicant did not file his
request to correct his record to reflect his service in Ground
Defense Forces Iceland 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 32 years, 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
applicants failure to file in a timely manner. With respect to
the applicants request for a certificate of service from the
U.S. Marine Corps, this Board is without authority to approve
this portion of the application and suggests the applicant apply
to the Board for Correction of Naval Records (BCNR).
________________________________________________________________
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-
2013-05326 in Executive Session 9 and 16 Sep 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
________________________________________________________________
The following documentary evidence pertaining to Docket Number
BC-2013-05326 was considered:
Exhibit A. DD Form 149, dated 10 Nov 13, w/atchs.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPSOR, dated 17 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
Exhibit E. Letter, Applicant, dated 1 Aug 14, w/atch.
Exhibit F. Letter, Applicant, dated 14 Aug 14.
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