Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 02539
Original file (BC 2014 02539.txt) Auto-classification: Denied
           RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-02539

 			COUNSEL:  NONE

			HEARING DESIRED:  YES

________________________________________________________________


APPLICANT REQUESTS THAT:

His records be corrected to reflect service in Guam.

________________________________________________________________


APPLICANT CONTENDS THAT:

There is no mention of his service in Andersen Air Force Base, 
Guam from April through June 1966.  While deployed there, he was 
sprayed with defoliant several times.

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

________________________________________________________________


STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served from 21 August 1962 through 19 August 1966.  He was 
credited with 3 years, 11 months and 29 days of active duty 
service.  His DD Form 214, Armed Forces of the United States 
Transfer or Discharge, reflects no Foreign Service.  
Additionally, his AF Form 7, Airman Military Record, Block 2, 
Foreign Service, reflects None Aug 62.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.   A review of the applicant’s 
master personnel record and the documentation submitted failed 
to substantiate the applicant served in Guam.

The complete 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 17 November 2014, for review and comment within 
30 days (Exhibit D).  As of this date, this office has received 
no response.

________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The application was not filed within three years after the 
alleged error or injustice was discovered, or could have been 
discovered, as required by Section 1552, Title 10, United States 
Code (10 USC 1552), and Air Force Instruction 36-2603.  The 
applicant asserts a date of discovery of 22 July 2013; however, 
he also states he spoke with the Department of Veterans Affairs 
regarding this issue which gave rise to the application; these 
assertions were known, according to the applicant as early as 
1966:  Thus the application is untimely.  We have considered the 
applicant’s contention that he served in Guam; however we do not 
find he has provided evidence of that service.

2.  Paragraph b of 10 USC 1552 permits us, in our discretion, to 
excuse untimely filing in the interest of justice.  We have 
carefully reviewed applicant's submission and the entire record, 
and we do not find a sufficient basis to excuse the untimely 
filing of this application.  The applicant has not shown a 
plausible reason for delay in filing, and we are not persuaded 
that the record raises issues of error or injustice that require 
resolution on the merits at this time.  Accordingly, we conclude 
that it would not be in the interest of justice to excuse the 
untimely filing of the application.

3.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________


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-2014-02539 in Executive Session on 5 February 2015, 
under the provisions of AFI 36-2603:

The following documentary evidence pertaining was considered:

	Exhibit A.  DD Form 149, dated 18 Jun 14, w/atchs.
        Exhibit B.  Applicant's Master Personnel Record Excerpts.
	Exhibit C.  Letter, AFPC/DPAPP, dated 19 Aug 14.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.



Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 01403

    Original file (BC 2014 01403.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01403 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be updated to reflect service in both Spain and Vietnam. 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...

  • AF | BCMR | CY2014 | BC 2014 01314

    Original file (BC 2014 01314.txt) Auto-classification: Denied

    His AF Form 7, Airman Military Record, be corrected to reflect boots-on-the-ground at Cam Rahn Bay, Republic of Vietnam from 7 May 1969 to 26 October 1969. The amount of Foreign Service time reflected on his DD Form 214 is correct. However, as pointed out in DPAPP’s letter dated 22 May 2014, the amount of Foreign Service time reflected on his DD Form 214 is correct and specific locations are not annotated on the DD Form 214.

  • AF | BCMR | CY2013 | BC 2013 04248

    Original file (BC 2013 04248.txt) Auto-classification: Denied

    A further review of his master personnel records and documentation submitted failed to provide any documents that substantiate Foreign Service time in Vietnam, Guam or Canada. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. ...

  • AF | BCMR | CY2014 | BC 2014 03490

    Original file (BC 2014 03490.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03490 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record be corrected to reflect Foreign Service time in Vietnam. The Board should consider his untimely application in the interest of justice because he was sent to Vietnam. The complete DPAPP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was...

  • AF | BCMR | CY2013 | BC 2013 05814

    Original file (BC 2013 05814.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05814 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be amended to reflect that he served in Vietnam. The Board should find it in the interest of justice to consider his application since he has been trying to get his records changed to no avail...

  • AF | BCMR | CY2013 | BC 2013 04995

    Original file (BC 2013 04995.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04995 COUNSEL: NONE HEARING DESIRED: NOT NDICATED APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be amended to reflect his temporary duty (TDY) assignments to Thailand, Guam, (Hawaii, Philippines) - Administratively Corrected, and Okinawa. A review of his records and documentation submitted failed to provide any documents that substantiate...

  • AF | BCMR | CY2014 | BC 2014 01813

    Original file (BC 2014 01813.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01813 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show his service in Vietnam. 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...

  • AF | BCMR | CY2014 | BC 2014 03242

    Original file (BC 2014 03242.txt) Auto-classification: Denied

    In support of his request, the applicant provided a personal letter, a copy of his DD Form 214, and copies of his medical records. 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/DPAPP recommends denial indicating there is no evidence of an error or an injustice. After a thorough review of the applicant’s official...

  • AF | BCMR | CY2014 | BC 2014 01348

    Original file (BC 2014 01348.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01348 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to include Foreign Service of 180 days in Guam and 180 days in Vietnam and the award of the Vietnam Campaign Medal. The applicant’s DD Form 214 reflects 5 months and 15 days of Foreign Service and the award of the...

  • AF | BCMR | CY2014 | BC 2014 01059

    Original file (BC 2014 01059.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01059 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The following information be added to his DD Form 214, Certificate of Release or Discharge from Active Duty: Air Force Commendation Medal (AFCM); (Will be administratively corrected) Service in Operation EAGLE CLAW. Neither the information provided nor his master personnel records contain information that reflects...