RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01112

						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from 
Active Duty, issued in conjunction with his 31 Jul 91 discharge, 
be corrected to reflect the following changes in Items 13, 
Decoration, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized, will be Administratively Corrected:

      a.  The Air Force Achievement Medal, with One Bronze Oak 
Leaf Cluster (AFAM, w/1BOLC).  

      b.  The Air Force Outstanding Unit Award, with Two Bronze 
Oak Leaf Clusters (AFOUA, w/2BOLCs.  

      c.  The Air Force Good Conduct Medal, with One Bronze Oak 
Leaf Cluster (AFGCM, w/1BOLC.  
      
      d.  The Korean Defense Service Medal (KDSM).  
      
      e.  The Small Arms Expert Marksmanship Ribbon (SAEMR).  

2.  His record reflect completion of Basic Military Training (BMT) 
and technical school training between Aug – Nov 85.

3.  His Airman Performance Reports (APRs)/Enlisted Performance 
Reports (EPRs) reflect the following information:

      a.  He served at Fairchild Air Force Base (AFB) from     Nov 
85 – Jun 87.  

b.  He served at Kwangju AFB from Jun 87 – Jun 88.  

c.  He served at F. E. Warren from Jun 88 – Jul 91.  


APPLICANT CONTENDS THAT:

The dates reported on his APRs/EPRs do not accurately reflect the 
time he served at his assigned units and locations.  His AFP 900 - 
2 reflects the correct units, dates of awards, and the correct 
dates for the performance reports which correspond to the awards.

His AF Form 522, Ground Weapons Training Data, shows that he had 
57 out of 60 hits and should reflect his status as expert.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

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


STATEMENT OF FACTS:

On 1 Aug 85, the applicant initially entered the Regular Air 
Force.

On 31 Jul 91, the applicant was honorably discharged and was 
credited with 6 years and 1 day of active service, including 
11 months and 15 days of foreign service.   

AFPC/DPSOR administratively corrected the applicant’s record to 
reflect award of the AFAM, w/1BOLC, the AFOUA, w/2BOLCs, the 
AFGCM, w/1BOLC, KDSM, and the SAEMR.

AFPC/DPSOY administratively corrected the applicant’s record to 
reflect; Security Specialist, Nov 85; M-60 Machine Gunner (Non-
Specialist), May 1987; M-60 Machine Gunner (Specialist), May 87; 
and OJT Trainer/Supervisor, Jan 89.


AIR FORCE EVALUATION:

AFPC/DPSID states that no action is required.  The applicant’s 
record has been administratively corrected to reflect award of the 
AFAM, w/1BOLC, the AFOUA, w/2BOLCs, the AFGCM, w/1BOLC, KDSM, and 
the SAEMR as requested.  

The complete DPSID evaluation is at Exhibit C.

AFPC/DPSID recommends denial of the applicant's request to correct 
the contested APR/EPRs as there were no errors found in his 
record.  Based on a 24 year delayed request and insufficient 
evidence provided by the applicant and the presumed legitimacy of 
the original crafting of the evaluations, recommend the contested 
evaluations remain as is in the applicant's permanent record.

The applicant has failed to provide substantiating documentation 
or evidence to prove his assertions that the contested evaluation 
was rendered incorrectly.  Air Force policy is that an evaluation 
report is accurate as written when it becomes a matter of record.  
DPSID determined that the reports were accomplished in direct 
accordance with all applicable Air Force policies and procedures 
at the time.

The application was not submitted in a timely manner.  The 
applicant did not file an appeal through the Evaluation Report 
Appeals Board (ERAB) under the provisions of AFI 36-2401 , 
Correcting Officer and Enlisted Evaluation Reports, 10 Mar 06, due 
to his separation status from active duty.  However, DPSID notes 
that the contested APR/EPRs have been a matter of record for over 
24 years.  The test to be applied is not merely whether the 
applicant discovered the error within three years, but whether 
through due diligence, he could or should have discovered the 
error.  The applicant unreasonably and inexcusably delayed in 
asserting this claim.  He has waited 24 years to file this appeal 
and offers no justification for the extensive delay, as well as 
took no action on the claim before that.  In short, the Air Force 
asserts that the applicant's unreasonable delay regarding a matter 
dating back 24 years has greatly complicated its ability to 
determine the factual merits of the applicant's position.

The applicant contends that his APR/EPR's are unjust based on his 
claim they do not accurately reflect dates served in said units 
and should be corrected.  After careful review of his record, it 
has been determined that there are no errors regarding evaluations 
in his record. In Accordance With (IAW) AFR 39-62, Table 3.1 , 
Rule 1, "ratee has not had an APR for at least 1 year and the 
period of supervision has been at least 120 calendar days, the 
reason for the report is annual."  The applicants first APR, from 
his first duty station of Fairchild AFB, was from his Extended 
Active Duty (EAD), 1 Aug 85 through 31 Jul 86, with 192 days of 
supervision.  The applicant remained at Fairchild and his next APR 
was a Change of Reporting Official (CRO) report from 1 Aug 86 
through 15 Apr 87 with 258 days of supervision.  IAW the same AFR, 
same table, Rules 13-15, "ratee departs Temporary Duty (TDY) 
(other than for school) of a period of 120 calendar days or more, 
ratee returns from TDY (other than for school) of a period of 120 
calendar days or more, rater changes as a result of a PCS move or 
an AF Form 2095 and the period of supervision has been at least 
120 calendar days, then the reason for report is change of rater 
(CRO).  This office can only make the assumption that the reason 
for the CRO was due to the applicants PCS to Kwangju Air Base.  
The APR/EPRs that follow are sequential to the previous reports 
and follow the above mentioned rules in AFR 39-62, Table 3.1.  
Based upon the evidence provided, or lack thereof, DPSID concludes 
the contested reports are accurate and in accordance with 
applicable Air Force policies and procedures at the time.

The complete DPSID evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 27 Feb 15 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available 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.  Aside from 
the administrative corrections noted above, the applicant has not 
shown a plausible reason for the delay in filing, and we are not 
persuaded that the record raises issues of error or injustice 
which require resolution on the merits.  Thus, we cannot conclude 
it would be in the interest of justice to excuse the applicant’s 
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 AFBCMR Docket Number 
BC-2014-01112 in Executive Session on 14 Apr 15 under the 
provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 27 May 14.
	Exhibit D.  Letter, AFPC/DPSID, dated 4 Feb 15.
	Exhibit E.  Letter, SAF/MRBR, dated 27 Feb 15.