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 applicants
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
applicants 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 applicants 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.
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