RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00103
COUNSEL:
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, be amended to reflect he served in
Vietnam.
________________________________________________________________
APPLICANT CONTENDS THAT:
He served in Vietnam on Temporary Duty (TDY) missions between
Dec 65 and Jul 66 as an assistant crew chief on a C-130E
aircraft.
His Department of Veterans Affairs (DVA) claim was denied as
they said he never served in Vietnam.
He discovered the error in May 13 and the Board should find it
in the interest of justice to consider his application.
In support of his request, the applicant provides a copy of his
medical recommendation for flying duty, aeronautical orders and
various other documents in support of his request.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 Jul 62, the applicant entered active duty.
According to his AF Form 7, Airman Military Record, he served in
Okinawa in Dec 65 and Taiwan in Mar 66.
On 27 Jul 66, he was honorably released from active duty.
He served 3 years, 11 months and 27 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. DPAPP confirmed foreign
service boots on ground at Naha Air Base, Okinawa, and Kung Kuan
Air Base, Taiwan, but was unable to verify any foreign service
in Vietnam.
The complete DPAPP evaluation is at Exhibit C.
_____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He asks how the Air Force can order an entire unit into a combat
zone and not signify it on the DD Form 214. He was an Airman
Second Class (A2C, E-3) and was placed on flying status.
He cannot begin to express his disagreement, disgust, rage,
depression and feelings. It is despicable that the government
told him he had to go support his country in an extremely
unfavorable war and now informs him that he was never there. He
will not give up until this injustice is brought to his
satisfaction. He has earned this for his over 12 years of
service to this country and he is still serving as a volunteer
with the DVA.
The information he has researched has been filed with his DVA
claim, to include statements by fellow airmen he served with and
a Stars and Stripes article signifying his unit was in Vietnam.
He is in complete disagreement with the misinformed decision and
injustice.
The applicants complete submission is at Exhibit E.
________________________________________________________________
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
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 48 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 based on the lack of official documentation to
substantiate he served in Vietnam. Therefore, we cannot
conclude it would be in the interest of justice to excuse the
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 Docket Number BC-
2014-00103 in Executive Session on 21 Oct 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary was considered:
Exhibit A. DD Form 149, dated 5 Jan 14, w/atchs.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPAPP, dated 14 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.
Exhibit E. Letter, Applicant, dated 7 Apr 14.
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