SECOND ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-02595-3

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The Board reconsider his request his records show he served in Vietnam from 11 Jan to 11 Mar 66. 

RESUME OF THE CASE

The applicant is a former Air Force airman first class (E-4). 

He served on active duty from 24 Oct 61 to 11Oct 66.  He was honorably discharged and credited with 4 years, 11 months and 18 days of active duty service.  

The applicant’s AF Form 7, Airman Military Record, shows he was assigned to Yokota AB, Japan during the timeframe he states he was on temporary duty (TDY) to Vietnam.  

On 2 Feb 12, the Board considered and denied his initial request he served in Vietnam.  The Board agreed with AFPC/DPAPP there was no evidence to substantiate Foreign Service in Vietnam.  His boots on ground (BOG) Foreign Service time at Yokota AB, Japan from 23 Jan 65 to 7 Oct 66 was verified and determined to be accurately reflected on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.   

On 22 Oct 20, the Board reconsidered the applicant’s request and determined the new evidence provided failed to substantiate his foreign service in Vietnam.

For an accounting of the applicant’s requests and the rationale of the earlier decisions, see the AFBCMR Letter and Addendum to Record of Proceedings at Exhibit H. 

On 3 Nov 20, the applicant requested reconsideration of his request.  The applicant contends he was on TDY to Vietnam from 11 Jan to 11 Mar 66.  The applicant provides AF Form 1098, Personnel Action Request, dated 22 Mar 66, which adjusted his date eligible for return from overseas (DEROS) to 23 Oct 66 for his two month TDY in an 18-month tour area and a two month TDY in a 12-month tour area.  The applicant also provides DD Form 95, Memo Routing slip, undated, which shows his name and Remarks state: “Okinawa 14 Nov to 11 Jan and Da Nang 11 Jan to 11 Mar.”  

The applicant’s complete submission is at Exhibit I.

APPLICABLE AUTHORITY 

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form214. Foreign Service is annotated in increments of years, months, and days.  

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board majority remains unconvinced the evidence presented demonstrates an error or injustice.  The Board majority concurs with the rationale and recommendation of the Board’s earlier decision and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  While the Board notes the applicant has provided AF Form 1098, which adjusted his DEROS from Japan to 23 Oct 66 and an undated and incomplete DD Form 95, the Board majority finds insufficient evidence this information pertained to a TDY tour to Vietnam.   Therefore, the Board majority recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2011-02595-3 in Executive Session on 11 Aug 21:
 
, Chair, AFBCMR
, Panel Member
, Panel Member

A majority of the panel voted against correcting the record.  Mr. Parker voted to correct the record and did not provide a minority opinion.  The panel considered the following:

Exhibit H:	Addendum to Record of Proceedings, w/ Exhibits A-G, dated 13 Dec 20.
Exhibit I:	Application, DD Form 149, w/atchs, dated 3 Nov 20.
Exhibit J:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.