RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00595
COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receive travel payments in conjunction with his 21 April
1967 separation from active duty to his Home of Record (HOR).
APPLICANT CONTENDS THAT:
Following 12 years of outstanding service, he was reduced to the
grade of airman basic (E-1) and received a Bad Conduct Discharge
(BCD). Joint Federal Travel Regulations authorized travel pay
for him and his dependents to his HOR; however, he was never
paid.
The Board should find it in the interest of justice to consider
his untimely application because it is an opportunity to rectify
a longstanding injustice. In addition, he only became aware in
2014, that he was entitled to travel pay to his HOR.
In support of his request, the applicant provides a personal
statement, copies of his discharge documents, DVA appeal letter,
performance reports, Record of Emergency Data, and various other
documents associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, his place of
entry into the Regular Air Force was Atlanta, GA.
According to DD Form 259AF, Bad Conduct Discharge Certificate,
on 21 April 1967, the applicant was discharged from the Air
Force by reason of sentence of a special court martial.
According to Special Order A-484 dated 20 April 1967, the
applicant was discharged under other than honorable conditions,
effective 21 April 1967.
In a letter dated 29 October 1975, the Air Force Discharge
Review Board changed the applicants discharge characterization
to a general (under honorable conditions) discharge effective
21 April 1967.
AIR FORCE EVALUATION:
USAF/A1PA recommends denial. The applicants request is
untimely and while he stated that he recently learned of the
travel entitlements, he did not explain how he learned about the
entitlement nor did he explain why he did not inquire at an
earlier time about travel entitlements in the 29 years that have
passed since 1975 when his BCD was upgraded to a general (under
honorable conditions) discharge. There are no records available
to address whether he received any travel allowance when he was
given the BCD such that the Air Force could avoid a duplicate
payment. His extended delay in raising the issue is not
excusable and as a result, the Air Force is unable to accurately
ascertain the facts associated with payments that might have
been made to the claimant. The Air Force cannot defend a
position against the merits of the case without the information.
As a result, the claim is untimely and the applicant should not
recover.
The complete A1PA evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
His BCD discharge was a result of prejudice and bigotry because
of accusations made by a loan company office manager. Five
months after his discharge from the Air Force, he spent over six
years in Vietnam employed as a senior electronic technician.
Upon his return home, he enrolled in full-time college courses,
but eventually left to take a job in Iran with an F-14 aircraft
project. He did not have any affiliation with the military
until he attended a Department of Veterans Affairs appeals
hearing in 2014. This is when he became aware that he was
entitled to travel pay to his HOR. Disapproval of his request
based on untimeliness is inequitable because he was not aware of
this entitlement until 2014. It would, however be equitable to
pay his HOR entitlements with interest.
In further support of his request, the applicant provides
letters and his performance reports.
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 Title 10, United States Code, § 1552 and Air
Force Instruction 36-2603, Air Force Board for Correction of
Military Records. The applicants delay in filing on a matter
now dating back almost 29 years has greatly complicated the
ability to determine the merits of his position. Consequently,
the Air Force cannot defend a position against the merits of the
case without the information. Therefore, 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 15 January 2015, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to BC-2014-00595
was considered:
Exhibit A. DD Form 149, dated 6 February 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, USAF/A1PA, dated 30 April 2014.
Exhibit D. Letter, SAF/MRBR, dated 15 May 2014.
Exhibit E. Letter, Applicant, undated, w/atchs.
AF | BCMR | CY2009 | BC-2008-02095
________________________________________________________________ STATEMENT OF FACTS: Applicant entered the Air Force on 5 September 1942 and was retired on 30 November 1964, in the grade of lieutenant colonel. We have carefully reviewed applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application. ________________________________________________________________ The following members of the Board considered AFBCMR...
AF | BCMR | CY2014 | BC 2014 01920
On 1 May 2013, he contacted the FSS to request dependent travel orders to exercise the option to relocate his dependents while performing ITDY. The amendment correctly references the SAF/MRM memorandum that was issued in 2005 to approve adding dependent relocation travel and transportation allowances to orders. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT is corrected to show that competent authority authorized the...
AF | BCMR | CY2009 | BC-2009-0175
_________________________________________________________________ APPLICANT CONTENDS THAT: From 1996 to 2009, he served several tours that were in active duty status and several while in an Air Reserve Technician (ART) status. He later learned the Joint Federal Travel Regulation (JFTR) confers eligibility to those members who were on active duty at retirement and had served on active duty for the six years leading up to the retirement date. He states he earned the military last move as the...
AF | BCMR | CY2012 | BC-2012-00198
DD Form 899, Request and Authorization for Permanent Change of Station – Military, be corrected to reflect his dependents address from Beale Air Force Base (AFB), California to Kadena (Okinawa) Air Base (AB), Japan. The applicant states he departed on 22 April 2011, but he advised Air Force Personnel Center Family Member Travel that he departed on 30 April 2011. The applicant purchased tickets for his dependents to travel to the United States at which time they went on a cruise.
AF | BCMR | CY2013 | BC-2013-00556
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00556 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed the cost of self-procured tickets for herself and two dependents for travel to her permanent change of station (PCS) assignment to Kenya via approved circuitous travel with a stopover, for leave en route, in London. A1PA states that...
AF | BCMR | CY2011 | BC-2011-01168
Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), officer or enlisted) on or after 1 Aug 09, who is eligible for the Post-9/11 GI Bill, and: Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election. ________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA states if the Board finds there...
AF | BCMR | CY2010 | BC-2010-00918
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00918 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reimbursed for travel expenses in the amount of $3955.92 for costs incurred under the Student Dependent Travel Program (SDTP). HQ USAF/A1PA indicates that the Air Force Element staff had been counseling members incorrectly on the DSTP, and the...
AF | BCMR | CY2014 | BC 2014 02328
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02328 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 7a Place of Entry into Active Duty (PLEAD), be corrected to reflect San Antonio, Texas. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary...
AF | BCMR | CY2011 | BC-2011-01573
He again tried to transfer the education benefits and found out that he might not be eligible to transfer the benefits. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant notes his application to transfer education benefits was not untimely.
AF | BCMR | CY2014 | BC 2014 00903
APPLICANT CONTENDS THAT: On 14 Oct 06, he completed a Low Cost/No Cost Permanent Change of Station (PCS) move, which changed his MHA from Los Angeles, CA to Riverside, CA. According to an AF/A1PA memorandum, dated 23 Aug 13, the applicant submitted a BAH waiver for a Low Cost/No Cost Move to receive the BAH rate for his previous duty station of Pomona, CA, effective 14 Oct 06. Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.