RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05418
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show his dates of service during the Vietnam Era.
APPLICANT CONTENDS THAT:
To be entered in the Department of Veterans Affairs (DVA) computer system as a Vietnam era combat veteran, his DD Form 214 must be corrected to show his Vietnam service dates.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 8 Jun 66, after graduating from the United States Air Force Academy.
On 15 July 72, the applicant was honorably discharged, and was credited with six years, one month, and eight days of active service, to include 1 year, 8 months, and 13 days of foreign service.
The applicant was in the USAFR (inactive status) from 16 Jul 72 until 9 Jan 77.
The applicant subsequently entered the Regular Air Force on 10 Jan 77, and was honorably discharged on 30 Sep 97, having served 20 years, 8 months, and 21 days of active service, to include 3 years, 10 months, and 18 days of foreign service.
On 11 Apr 13, AFPC/DPAPP notified the applicant that they were able to verify and confirm his boots on ground foreign service in the Republic of the Philippines and the Republic of Vietnam. The foreign service time reflected on his DD Form 214, effective 15 Jan 72, is correct; therefore, no correction is needed, as specific locations are not annotated on DD Forms 214. This notification memorandum with foreign duty locations and specific dates should be used as proof of boots on ground for those locations.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial indicating there is no evidence of an error or an injustice. The applicant received a total of three DD Forms 214 and a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty. The combination of all four documents reflect his full service and show his dates of service. The information he requests is already shown on his DD 214, issued 15 Jul 72.
A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant agrees that the DD Forms 214 have the correct dates of his military service. However, the DD Forms 214 do not document his service in Vietnam. He provides dates and locations to support his contention of serving in Vietnam, and requests his DD Form 214 dated 15 Jul 72 indicate that he did serve in Vietnam after 5 Aug 64.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code (U.S.C.), §1552 and Air Force Instruction 36-2603. 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 applicants failure to file in a timely manner. However, we note that AFPC/DPAPP, through pertinent administrative procedures, was able to verify and confirm the applicants boots on ground foreign service time in the Republic of the Philippines and the Republic of Vietnam and issued him a boots on ground letter, substantiating his Vietnam service in order to obtain appropriate benefits for said service from the DVA and other agencies.
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-2013-05418 in Executive Session on 4 Nov 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIPV, dated 18 Feb 14,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Jun 14.
Exhibit E. Letter, Applicant, dated 26 Jun 14.
3
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
1
AF | BCMR | CY2011 | BC-2011-04426
His records be corrected to reflect his Foreign Service in Vietnam. DPAPP states a review of the applicants master personnel records and documentation provided failed to substantiate Foreign Service time in Vietnam. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he had boots on the ground in the Republic of Vietnam.
AF | BCMR | CY2012 | BC-2012-00683
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for the HSM. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2012 | BC-2012-01385
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends approval, indicating there is evidence of an error or injustice. The applicant’s DD Form 214 accurately reflects his Foreign Service Credit for his assignment to Clark Air Base but does not show...
AF | BCMR | CY2011 | BC-2011-03966
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03966 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be updated to reflect his foreign service to Vietnam, Thailand, and the Philippines. The complete DPAPP evaluation is at Exhibit...
AF | BCMR | CY2014 | BC 2014 01561
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01561 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he served in the Republic of Vietnam. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial, indicating that after a thorough review of the applicants...
AF | BCMR | CY2014 | BC 2014 00108
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00108 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect: 1. His DD Form 214 should be corrected to reflect this period of time deployed to Thailand, as well as award of the AFOUA, the VSM w/P and the RVNGC w/V. No action required by the Board, as the applicants official...
AF | BCMR | CY2010 | BC-2010-04365
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 | CY2011 | BC-2011-00372
AFPC/DPAPP was able to verify the following overseas service and his DD Form 214 will be administratively corrected to reflect 25 days of Foreign Service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial for award of the VSM. _________________________________________________________________ The following members of the Board considered Docket Number BC-2011-00373 in Executive Session on 9 Jun 11, under the provisions of...
AF | BCMR | CY2014 | BC 2014 03696
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03696 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect his assignments to Vietnam and his combat flight missions. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at...
AF | BCMR | CY2011 | BC-2011-00665
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00665 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: 1. AFPC has verified the applicants entitlement to the Korean Defense Service Medal (KDSM) for his service with the 303rd MMS, Kunsan AB, Korea, as well as entitlement to the Air Force Longevity Service Award (AFLSA) for his honorable...