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 applicants 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 applicants 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 applicants 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 applicants 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 applicants request to change his RE code. The applicants 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 applicants 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 applicants 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 applicants 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 Veterans 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 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.
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.
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