RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01480
COUNSEL: AMERICAN LEGION
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His military service record be corrected to reflect that he served in Vietnam.
APPLICANT CONTENDS THAT:
His current records do not show that he served in Vietnam, which is precluding him from obtaining certain Veterans Affairs (VA) benefits.
In support of his appeal, the applicant submits information on the 19th Tactical Air Support Squadron (TASS), which was organized on 8 Jul 63 at Bien Hoa AB, Republic of Vietnam and that he was assigned to; a newspaper article, along with photos, that indicate he served in Vietnam; and a letter from the VA indicating that they denied his service connected disability for diabetes, stating he was a peacetime veteran.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the regular Air Force and served from 17 Aug 60 to 29 Nov 63 when he transferred to the Air Force Reserve until he was honorably discharged on 16 Aug 66 in the grade of Staff Sergeant (E-4).
On 18 Jan 84, the applicant enlisted in the Army National Guard in the grade of Specialist (E-4).
On 6 Oct 00, the applicant retired from the Army National Guard in the rank of Staff Sergeant (E-6).
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.
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 24 Nov 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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-2014-01480 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01480 was considered:
Exhibit A. DD Form 149, dated 3 Apr 14, w/atchs.
Exhibit B. Master Personnel Records
Exhibit C. Letter, AFPC/DPAPP, dated 20 May 14.
Exhibit D. Letter, SAF/MRBR, dated 24 Nov 14.
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