RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05672
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Force of the United States Report of
Transfer or Discharge, Item 30, Remarks, be amended to reflect:
a. Indochina-Yes (Administratively Corrected)
b. Vietnam-No
C. Korea-No.
APPLICANT CONTENDS THAT:
His records should be corrected because he served in Korea,
Vietnam and Indochina.
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 request, the applicant provides copies of his
DD Form 214 and AF Form 626, Request and Authorization for
Temporary Duty - Military, which reflects his Temporary Duty
(TDY) assignment to Kwang-Ju Air Base, Korea.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 5 November
1968 to 21 August 1972. He served 1 year, 4 months and 5 days
of Foreign and/or Sea Service.
In a letter to the applicant dated 4 February 2014, AFPC/DPAPP
advised the applicant that the amount of Foreign Service time
reflected on his DD Form 214 is correct. The letter also stated
that specific locations are not annotated on a member's DD Form
214. As such, he was advised to use the letter as proof of
"boots on ground" for Thailand, Okinawa and the Republic of
Korea.
THE AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial of the applicants requests to
amend his DD Form 214 to reflect Foreign Service in Vietnam and
Korea. DPAPP verified the applicant was permanently assigned to
Thailand and Okinawa so his DD Form 214, block 30 will be
amended to reflect Indochina-Yes. Contrarily, the applicant
was not permanently assigned to Korea, but rather assigned in a
TDY status. Therefore, this location would not be annotated on
his DD Form 214. Notwithstanding the above, DPAPP is unable to
verify Foreign Service boots on the ground in Vietnam.
The complete DPAPP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 28 February 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit D).
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants 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, Correction of Military Records
and AFI 36-2603, Air Force Board for Correction of Military
Records. Furthermore, 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 applicants 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 this application
in Executive Session on 21 October 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2013-
05672 was considered:
Exhibit A. DD Form 149, dated 5 December 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 4 February 2014.
Exhibit D. Letter, SAF/MRBR, dated 28 February 2014.
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