RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05814
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, be
amended to reflect that he served in Vietnam.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1975, while assigned to the 36th Security Police Squadron,
Andersen AFB, Guam, he volunteered to go to Vietnam as a part of
the evacuation. He was on the ground for 24 hours and performed
this duty twice; however, it is not reflected on his DD Form
214.
The correction is required for his Department of Veterans
Affairs (DVA) claim. He was there so it should state that in
his records.
The Board should find it in the interest of justice to consider
his application since he has been trying to get his records
changed to no avail and this is the first time he came across
the DD Form 149, Application for Correction of Military Record
Under the Provisions of Title 10, U.S. Code, Section 1552.
In support of his request, the applicant provides a copy of his
DD Form 214.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 Apr 72, the applicant entered active duty.
On 19 Jan 76, he was honorably released from active duty after
serving 3 years, 9 months and 3 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. The information provided by the
applicant and a review of his master personnel records did not
contain information that reflects he served in Vietnam. DPAPP
was able to confirm foreign service boots on ground at Andersen
AFB, Guam but was unable to verify any service in Vietnam.
The complete DPAPP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Mar 14, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
D). As of this date, this office has not received a response.
_________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
1. After careful consideration of the evidence of record, we
find the application untimely. The applicant did not file his
request for correction of his records to reflect he served in
Vietnam 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 over 38 years, which has greatly complicated the
boards ability to determine the merits of the application.
Moreover, the applicant has not provided substantial evidence,
such as a travel voucher which would persuade us that his
records should be corrected to show boots on ground in Vietnam.
Thus, we cannot conclude it would be in the interest of justice
to excuse the applicants failure to file in a timely manner.
2. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
_______________________________________________________________
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-2013-05814 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 19 Dec 13, w/atch.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 14 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.
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