RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01191
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His military service record be corrected to reflect that he served in Vietnam and Korea.
APPLICANT CONTENDS THAT:
He was a flight engineer stationed at Tachikawa AFB, Japan and in 1962 was sent TDY to Tonosut AFB in Saigon, Vietnam for over a year to put a C-123 A/C Agent Orange Spray Plane back together. He was issued an M-16 and drew combat pay for the mission. Furthermore, while stationed in Thailand, he flew in and out of Vietnam on Top Secret Assignments, for which he also drew combat pay.
The applicant also indicates that he was stationed at Kadena AFB in Okinawa, Japan and in 1971 went TDY from Kadena to Korea.
By having his records updated it will prove that he was in Vietnam working with Agent Orange.
In support of his appeal, the applicant submitted a personal letter to the board and states the USAF lost all of his personnel records when they sent him from Kadena AFB to Maxwell AFB for Retirement.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered active duty and served in the US Navy from 51 Dec 12 to 1 Sep 55 when he transferred to the inactive reserves until he was discharged on 55 Oct 19.
On 20 Oct 55 the applicant enlisted in the Air Force in the grade of Staff Sergeant.
AF Form 7, Airman Military Record, indicates that he had one combat support mission over North Vietnam on 18 Oct 67.
AF Form 1712, Uniformed Military Personnel Record, indicates the following Foreign Service Tours:
a. 24 Apr 59 to 14 Jan 62, Germany
b. 14 Jan 62 to 15 Feb 65, Japan
c. 10 Apr 67 to 2 Feb 68, Thailand
d. 1 May 69 to 20 Nov 72, Thailand
On 31 Dec 72, the applicant retired from Maxwell AFB, AL in the grade of Staff Sergeant and received an honorable discharge.
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. The information provided by the applicant and a review of his master personnel records did not contain information that reflects he served in Vietnam or Korea.
Examiners Note: On 27 May 14 an inquiry letter was sent to AFPC/DPAPP requesting to adjust their advisory opinion in the following manner: The applicants AF Form 7, Page 92 of his records reflects that he was in combat mission in Vietnam on
18 Oct 67. With this new information how will it affect your advisory opinion? DPAPP responded with no change to the advisory.
A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 18 Dec 14 for review and comment within 30 days (Exhibit D).
In response to the Air Force evaluation the applicant submits a personal letter to the board. In the letter he reiterates that he was in fact in Vietnam and Korea drawing combat pay and explains the mission requirements he was sent there to perform. He also requests all of his records while he was in the USAF, specifically his TDY orders from 1955 to 1972.
The applicants complete response is at Exhibit E.
FINDINGS AND CONCLUSIONS OF THE BOARD
After careful consideration of applicants request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. 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 applicants failure to file in a timely manner. With respect to his request for his military personnel records, in as much as the Board is not the custodian for such records, it is suggested the applicant contact the National Personnel Records Center (NPRC) to request copies of his records.
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 AFBCMR Docket Number BC-2014-00191 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Mar 14, w/atchs.
Exhibit B. Master Personnel Records
Exhibit C. Letter, AFPC/DPAPP, dated 24 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 18 Dec 14.
Exhibit E. Applicants Rebuttal, dated 29 Dec 14.
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