ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05326-4

	COUNSEL:  NONE
 
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

The Board reconsider his requests: 

	a. To amend his DD Form 214, Report of Separation from Active Duty, to include his service in Iceland with the U.S. Marine Corps (USMC) from 8 Aug 71 to 1 Jun 72.

	b. To add the Cold War Certificate to his DD Form 214.

RESUME OF THE CASE

The applicant is a former Air Force staff sergeant (E-5).  

On 10 Nov 13, the applicant requested his DD Form 214, Report of Separation from Active Duty, be amended to reflect his service as a member of the Ground Defense Forces in Iceland and he receive a certificate of service from the United States Marine Corps (USMC).  On 9 and 16 Sep 14, the Board considered and denied the applicant’s requests, finding the prior request was not timely submitted, and the portion of the request for a certificate of service from the USMC, did not fall under the purview of the AFBCMR and suggests the applicant apply to the Board for Correction of Naval Records (BCNR).

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings, with Exhibits A-F, at Exhibit G.

On 7 Nov 14, the applicant requested reconsideration of his request to have his DD Form 214 amended to reflect his service in Iceland with the USMC from Oct 71 to Mar 72.  He further requested his Cold War Certificate be added to his DD Form 214 (Exhibit H).  On 13 Jan 15, the Board staff reviewed the documentation provided and informed the applicant that the documentation did not meet the criteria for reconsideration and that reconsideration is provided only where newly discovered relevant evidence is presented which was not available when the application was submitted.  The applicant was further advised that the Air Force considers the AFBCMR decision final and he could pursue relief through the U.S. Court of Claims or appropriate U.S. District Court (Exhibit I).

On 14 Nov 19, the applicant requested reconsideration of his request for a Certificate of Service from the USMC for his service in Iceland stating that according to the American War Library records, he is eligible for a certificate for Foreign Service for Iceland from 8 Aug 71 to 1 Jun 72.  He filed an action with the District Court of Arizona for correction of his DD Form 214.  On 28 Jan 19, the judge confirmed the applicant’s service in the USMC, but ruled deployments are not listed on the DD Form 214.  In addition, the judge cited the time error by the Board.

He has provided the American War Library record listing his service in the Marines.  While the AFBCMR did not have this information, they had a record of the service, although wrong, they had him departing Iceland on 10 Jan 72. 

The AFBCMR noted it is the Navy’s responsibility to replace the Certificate of Service and the Navy states it is the AFBCMRs responsibility.  This service was in the Marines and is in the Air Force records as proven in court.

In support of his reconsideration request, the applicant provides a letter addressed to the Secretary of Defense and Director of the Air Force Review Boards Agency, an Article – Sgt. Grit Community – Story of James M. Moten – Iceland Marine, correspondence from the National Personnel Records Center (NRPC); the BCNR and the American War Library Listing.

The applicant’s complete submission is at Exhibit J.

On 1 Dec 20, AFPC/DP3AM notified the applicant his  service in Iceland from 13 Sep 71 to 10 Jan 72, for 3 months and 29 days had been verified, the amount of foreign service on his DD Form 214 is correct.  The applicant was informed he may use their letter as proof of “boots on ground” for Iceland. 

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. Authorized decorations, unit awards, and service awards should reflect the correct title as it appears in AFMAN 36-2806, Awards and Memorialization Program.  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 Form 214.  Foreign Service is annotated in increments of years, months, and days.

The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service. 

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, as noted above, only authorized entries are allowed on the DD Form 214 and the Cold War certificate and Foreign Service locations are not authorized entries.  The Board also notes AFPC/DP3AM informed the applicant there is sufficient evidence he served in Iceland and provided him a letter that he may use t as verification of his service in Iceland.  The Board is appreciative of the applicant’s service to his nation; however, in the absence of evidence to the contrary, the Board 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-2013-05326-4 in Executive Session on 3 Dec 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit G:	Record of Proceedings, w/ Exhibits A-F, dated 19 Sep 14.
Exhibit H:	DD Form 149, w/atchs, dated 7 Nov 14.
Exhibit I:	Letter, SAF/MRBC, dated 13 Jan 15.
Exhibit J:	Application, DD Form 149, w/atchs, dated 14 Nov 19.

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.