Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 01605
Original file (BC 2014 01605.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01605

					COUNSEL:  NONE

		HEARING DESIRED:  Yes 



APPLICANT REQUESTS THAT:

1.  The lost time and Reenlistment (RE) code on his DD 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected.

2.  He be awarded of the Air Force Commendation Medal (AFCM).


APPLICANT CONTENDS THAT:

The lost time that he received was unjust because he was admitted to a VA hospital for severe back pain and was unable to travel back to his duty location.  The lost time on his DD 214 has affected his RE code.  He should receive the AFCM for capturing two men coming from the village while stationed at Cam Ranh Bay, Vietnam, but he never received it.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Jun 69.

On 11 Jul 72, according to an AF Form 2098, Duty Status Change, contained in the applicant’s military personnel record, his duty status was changed from present for duty to absent without leave (AWOL) when he failed to report to his barracks on said date.

On 26 Jul 72, according to an AF Form 2098, Duty Status Change, contained in the applicant’s military personnel record, his duty status was changed from AWOL to present for duty when he voluntarily returned to military control.

On 20 Apr 73, the applicant was furnished an honorable discharge, and was credited with 3 years, 9 months, and 21 days of active service.  According to Block 26a, Non Pay Period Time Lost, of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, the applicant was charged lost time for the period 11 – 25 Jul 72.   

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and E.    


AIR FORCE EVALUATION:

AFPC/DPTOS recommends denial indicating there is no evidence of an error or an injustice in reference to lost time.  The applicant’s 15 days of lost time were accounted for by his commander as annotated on AF Form 2098, Duty Status Change. 

A complete copy of the AFPC/DPTOS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial of the applicant’s request to change his RE code.  The applicant’s RE code was updated to a   2 – Ineligible to Reenlist, per appropriate reenlistment guidance from that time frame, AFM 35-16, Volume 1(C17), 1 Feb 73, table 10-1, Item 7, based on separating with lost time.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

AFPC/DPSID recommends denial of the applicant’s request for award of the AFCM, indicating there is no evidence of an error or injustice.  The AFCM is awarded to members of the Armed Forces of the United States below the grade of Colonel and foreign military personnel, who, while serving in any capacity with the Department of the Air Force after 28 Mar 58, distinguish themselves by outstanding achievement or meritorious service.  After thorough review of the applicant’s official military personnel record, there is no documentation verifying that he was recommended for or awarded the AFCM nor did he provide substantiating documents or evidence supporting his request.  In order for the applicant’s request to be reasonably considered, he would need to provide a recommendation from someone with firsthand knowledge of the act/achievement, a proposed citation, and eyewitness statements from those who can attest to the act/achievement.  To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, chief of Staff, and/or the War Department.

A complete copy of the AFPC/DPSID evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that he was not absent without leave, but under doctors care, both civilian and military.  His Veteran’s Administration records show a back condition that was aggravated during military service.  As for the AFCM, he reiterates that he can only provide what is in his file but this information can be obtained and verified via other resources available to the Board.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s 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 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-2014-01605 in Executive Session on 28 Jan 15, under the provisions of AFI 36-2603:

	
The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPTOS, dated 28 May 14.
	Exhibit D.  Memorandum, AFPC/DPSOA, dated 12 Jun 14.
	Exhibit E.  Memorandum, AFPC/DPSID, dated 8 Aug 14.
Exhibit F.  Letter, Applicant, dated 30 Oct 14.

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 00009

    Original file (BC 2014 00009.txt) Auto-classification: Denied

    The applicant’s military personnel records indicate he enlisted in the Air Force Reserve on 24 Jan 14, for a period of three years. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C, D, E, and F. AIR FORCE EVALUATION: AFPC/DPTOS recommends denial with respect to the applicant’s request for his lost time to be reinstated. A complete copy of the...

  • AF | BCMR | CY2013 | BC 2013 03478

    Original file (BC 2013 03478.txt) Auto-classification: Denied

    APPLICANT CONTENDS THAT: His records unjustly reflect time in military confinement since he was found not guilty of the misconduct which led to his confinement. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFLOA/JAJM did not provide a recommendation. In this respect, we note this Board is the highest administrative level of...

  • AF | BCMR | CY2013 | BC 2013 05577

    Original file (BC 2013 05577.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or injustice. After a thorough review of the applicant’s personnel records there was no official documentation showing the applicant served in unit that was awarded the PUC. The applicant served with the 306th...

  • AF | BCMR | CY2014 | BC 2014 01159

    Original file (BC 2014 01159.txt) Auto-classification: Denied

    The applicant’s DD Form 214 reflects the award of the following Air Force Medals and/or Ribbons: - Air Force Commendation Medal - National Defense Service Medal The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The applicant provided a...

  • AF | BCMR | CY2014 | BC 2014 01878

    Original file (BC 2014 01878.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01878 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P). The applicant served on active duty from 21 Sep 73 through 7 Nov 80, which is after the eligibility dates for award of the VSM or the RVGC w/P. Further, after a thorough review of the applicant’s...

  • AF | BCMR | CY2014 | BC 2014 01527

    Original file (BC 2014 01527.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01527 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be updated to reflect award of two (2) Bronze Service Stars (BSSs) for his previously awarded Vietnam Service Medal (VSM). The Board should find it in the interest of justice to consider his untimely application because he did not realize the...

  • AF | BCMR | CY2014 | BC 2014 02752

    Original file (BC 2014 02752.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02752 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The following medals be listed on his DD Form 214, Certificate of Release or Discharge from Active Duty: Vietnam Service Medal (VSM) with One Bronze Service Star (Administratively Corrected); Vietnam Campaign Medal (VCM). The Board should find it in the interest of justice to consider his untimely application...

  • AF | BCMR | CY2013 | BC 2013 05439

    Original file (BC 2013 05439 .txt) Auto-classification: Denied

    _______________________________________________________________ APPLICANT CONTENDS THAT: The Board should consider it in the interest of justice to consider his application as he has earned these medals and they should be reflected on his DD Form 214. According to his DD Form 214, he was awarded the VSM and the Republic of Vietnam Campaign Medal (RVCM). DPSID determined the applicant should have been awarded the AFCM, RVNGC w/P and VSM w/3 BSS for his service from 29 Oct 68 to 11 Sep 72.

  • AF | BCMR | CY2013 | BC 2012 03234

    Original file (BC 2012 03234.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03234 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Air Force Commendation Medal (AFCM). Although the applicant’s APR, closing 29 May 73, confirms that he was recommended for the AFCM, the applicant’s records and the documentation he has provided in support of his appeal, do not...

  • AF | BCMR | CY2014 | BC 2014 00108

    Original file (BC 2014 00108.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00108 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect: 1. His DD Form 214 should be corrected to reflect this period of time deployed to Thailand, as well as award of the AFOUA, the VSM w/P and the RVNGC w/V. No action required by the Board, as the applicant’s official...