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AF | BCMR | CY2014 | BC 2014 00087
Original file (BC 2014 00087.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                   DOCKET NUMBER: BC-2014-00087	   
	   			    COUNSEL:  
 		 		    HEARING DESIRED:  NO

________________________________________________________________ 

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be 
amended to reflect he served in Vietnam.   

________________________________________________________________ 

APPLICANT CONTENDS THAT:

In 1973, he served in Vietnam but it is not on his DD Form 214.

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 AF 
Form 626, Request and Authorization for Temporary Duty – 
Military, and his DD Form 214.    

The applicant’s complete submission, with attachments, is at 
Exhibit A.  

________________________________________________________________ 

STATEMENT OF FACTS:

On 3 Jan 72, the applicant entered active duty.

On 15 Dec 75, he was honorably released from active duty.  

He served 3 years, 11 months and 13 days on active duty.  

________________________________________________________________ 

AIR FORCE EVALUATION:

AFPC/DPAPP recommends disapproval since the information provided 
and a review of his master personnel records did not contain 
information that he served in Vietnam. 
 
The complete DPAPP evaluation is at Exhibit C. 

_____________________________________________________________ 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 Sep 14, a copy of the Air Force evaluation was provided 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:

After careful consideration of 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 10 U.S.C. § 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 40 years, which has greatly 
complicated the ability to determine the merits of the 
applicant’s position.  We are not persuaded the record raises 
issues of error or injustice which requires resolution on the 
merits.  While we note the applicant provides a copy of a TDY 
order, he has not provided a copy of the travel voucher to 
substantiate that he had boots on ground in Vietnam.   
Therefore, we cannot conclude it would be in the interest of 
justice to excuse the failure to file in a timely manner.  

________________________________________________________________

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-
2014-00087 in Executive Session on 21 Oct 14, under the 
provisions of AFI 36-2603:

     , Panel Chair
     , Member
     , Member

 
The following documentary evidence pertaining to Docket Number 
BC-2014-00087 was considered: 

    Exhibit A.  DD Form 149, dated 3 Jan 14, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records       
    Exhibit C.  Letter, AFPC/DPAPP, dated 19 Feb 14.     
    Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 14.  
 
                                   

 

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