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 applicants 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
applicants 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. Applicants 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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