RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01307 INDEX CODE:	110.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.

His service in Southeast Asia in the Philippines for 1 year,
3 months, and 18 days and his service in Vietnam be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

APPLICANT CONTENDS THAT:
He	was	told	that	after	20	years	he	could	get	his	discharge changed to honorable.

He	needs	proof	of	serving	in	Southeast	Asia	for	Veterans	of Foreign Wars (VFW) membership.

The applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:
In regards to the applicant’s request pertaining to his service in the Philippines and Vietnam, AFPC/DPAPP informed the applicant on 2 May 08, that they were able to verify his service in the Philippines, but were unable to verify his service in Vietnam. He was asked to provide documentation to show proof of his Vietnam service. He was informed that his overseas service in the Philippines is located on his DD Form 214, item 22c, and that the actual overseas country where service was performed is not an authorized entry on the form.

The applicant entered the Regular Air Force on 20 Feb 69 and was discharged on 12 Nov 71.

Records indicate that the applicant had several incidents of indebtedness. He was absent without leave (AWOL) from on or about 11 Jul 71 to 15 Jul 71. He received an Article 15, Record of Non-judicial Punishment, on 2 Aug 71 for this infraction. He was ordered to forfeit $49 for one month and was restricted to the base for seven consecutive days.

On 16 Aug 71, he received a Letter of Reprimand for failing to discharge his just financial obligations in a proper and timely manner. He was placed on the Control Roster for 90 days on 8 Sep 71.

On 21 Oct 71, he received an Article 15 for failure to go at the time prescribed to his appointed place of duty, and was reduced to the grade of airman. Additionally, he was notified of pending discharge action due to his apathetic and defective attitude.

On 28 Oct 71, an administrative evaluation was conducted on the applicant and it was recommended that he be discharged with a general discharge. On 21 Nov 71, the base legal office found the case legally sufficient for discharge. On 8 Nov 71, the discharge authority directed discharge with a general discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, XXXXXXX, which is at Exhibit C. On 11 Sep 08, a copy of the FBI report and a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office.

AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge manual and was within the discretion of the discharge authority. The applicant did not provide any evidence of an error or injustice to warrant the requested change to his discharge.

The complete AFPC/DPSOS evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25 Jul 08 for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.
1.	
2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. The applicant has provided no evidence which would lead us to believe the characterization of his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. Regarding his request that his service in Southeast Asia be added to his DD Form 214, we note that in accordance with Department of Defense policy, the listing of the actual overseas location is not an appropriate annotation on the DD Form 214. Rather, the length of time served overseas, as currently reflected on his D Form 214, is the only authorized entry. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered Docket Number BC- 2008-01397 in Executive Session on 22 October 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered: Exhibit A.	DD Form 149, dated 1 Apr 08.
Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	FBI Report of Investigation.
Exhibit D.	Memorandum, AFPC/DPSOS, dated 17 Jul 08. Exhibit E.	Letter, SAF/MRBR, dated 25 Jul 08.
Exhibit F.	Letter, AFBCMR, dated 11 Sep 08, w/atchs.