RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03696
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect his assignments to Vietnam and his combat flight missions.
APPLICANT CONTENDS THAT:
His orders and flight records show he was in Vietnam flying air evacuation missions from Da Nang Air Base, Vietnam.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of captain (O-3).
On 22 Jun 70, the applicant was placed on the Temporary Disability Retirement List (TDRL) after a Physical Evaluation Board diagnosed him as having arteriosclerotic heart disease.
On 1 Mar 72, the applicant retired with physical disability compensable rating of 80 percent, and was credited with 13 years, 01 month, and 06 days of active service.
On 2 Dec 14, AFPC/DPAPP issued the applicant a boots-on-the-ground letter verifying his foreign service time at Da Nang Air Base, Republic of Vietnam, during the period 10 Apr 69 through 10 Jul 69.
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/DPSOR recommends denial indicating there is no evidence of an error or an injustice. In accordance with DoDI 1336.01, Certificate of Release or Discharge from Active Duty, and implementing Air Force instructions, the policy does not authorize the listing of deployments or service on foreign soil by name on the DD Form 214. Concerning the applicants combat flight missions, there is no authorization to reference combat flight missions on the DD Form 214. The listing of training which would prepare individuals for combat missions is also prohibited per DoDI 1336.01. The applicant has not provided any documentation which establishes his DD Form 214 contains an error.
A complete copy of the AFPC/DPSOR 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 23 Feb 15, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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-2014-03696 in Executive Session on 11 Jun 15, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Sep 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 15 Dec 14.
Exhibit D. Letter, SAF/MRBR, dated 23 Feb 15.
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