ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01143-2

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The Board reconsider his request that his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect foreign service in XXX.

RESUME OF THE CASE

On 15 March 2016, the Board considered and denied his request to correct his DD Form 214, to change the remarks in block 30, to reflect “VIETNAM-YES;” finding the applicant had provided insufficient evidence of an error or injustice to justify relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the Record of Proceedings at Exhibit E, with attachments.

On 29 June 2021, the applicant requested reconsideration of his request.  He contends his service in XXX should be added to his DD Form 214.  He was on a temporary duty (TDY) to XXX, for 50 days.

The applicant’s complete submission is at Exhibit F.

STATEMENT OF FACTS 

The applicant is a former Air Force sergeant (E-4).  

On 12 March 1971, according to XXX, provided by the applicant, he was issued temporary duty orders to travel from XXX to XXX with an effective on or about date of 15 March 1971.  The order also states that the approximate number of days for the TDY would be 50.

DD Form 1351-2, Travel Voucher or Subvoucher, indicates that the applicant traveled from his home station at XXX on 15 March.  While the copy of the form is unclear it also indicates he traveled to XXX and departed on 14 April (the calendar date year on the travel voucher is illegible, but the day and month seem to align with XXX, dated 15 March 1971.)  Per Air Force Manual 35-5, Separation Documents and General Separation Procedures, to change item 30 of the applicant’s DD Form 214 the applicant must have been assigned in XXX in permanent party, PCS status and not temporary duty.

On 8 July 1971, The CBPO officer signed AF Form 1098, Personnel Action Request and in Section VII, Remarks, listed that the applicant was on temporary duty in XXX for 30 days.  

On 1 December 1972, the applicant was honorably released from active duty in the rank of sergeant and transferred to the Air Force Reserve.  He served 4 years of active service and was credited with 1 year, 6 months, and 1 day of Foreign and/or SEA Service.  Item 30 (Remarks) reflects Indochina – No and Vietnam – No.

On 15 September 2022, AFPC/DP3AM informed the applicant they were able to confirm boots on ground foreign service time in XXX, from 15 March 1971 to 14 April 1971, for 31 days.  Since specific locations are not annotated on a member’s DD Form 214, he was further advised to use this letter as proof of “boots on ground” for XXX.

On 3 October 2022,  DD Form 215 Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, was published correcting the applicant’s record to reflect award of the Vietnam Service Medal with One Bonze Service Star and the Republic of Vietnam Gallantry Cross with Palm.

For more information, see the excerpt of the applicant’s record at Exhibit G and the advisory at Exhibit H.

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 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.  

AFI 36-2110, Total Force Assignments, states use a combination of the following documents to verify completed TDY assignments: travel vouchers, PCS orders, decoration citations, enlisted or officer performance reports and records review Report on Individual Personnel.

INDOCHINA 
 
Air Force Manual 35-5, Separation Documents and General Separation Procedures, dated 18 June 1971.  Permanent Change of Station assignments to XXX, on or after 5 August 1964, are recorded on the DD Form 214 as Yes or No. 

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  A review of the applicant’s Master Personnel Records and documentation submitted failed to provide any documents that substantiate foreign service time in XXX.  AFPC/DP3AM was able to verify and confirm foreign service in XXX from 24 November 1969 to 24 May 1971. 

The complete advisory opinion is at Exhibit H.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 17 December 2021 for comment (Exhibit I) but has received no response.

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 remains unconvinced the evidence presented demonstrates an error or injustice.  The applicant requests his DD Form 214 be corrected to reflect his foreign service in XXX.  The Board notes on 15 September 2022, AFPC/DP3AM was able to confirm boots on ground foreign service time in XXX, from 15 March 1971 to 14 April 1971, for 31 days.  As such, the Board staffed the case back to Recognitions who administratively corrected the applicant’s DD Form 214 and issued him a DD Form 215 that indicates he was awarded the Vietnam Service Medal with One Bonze Service Star and the Republic of Vietnam Gallantry Cross with Palm.  Since specific locations are not annotated on a member’s DD Form 214, the applicant may use the AFPC/DP3AM Letter dated 15 September 2022, as proof of “boots on ground” in XXX.  Therefore, other than the administrative corrections to his record, 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-2015-01143-2 in Executive Session on 29 September 2022:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit E:	Record of Proceedings, w/ Exhibits A-E, dated 31 March 2016.
Exhibit F:	Application, DD Form 149, w/atchs, dated 29 June 2021.
Exhibit G:	Documentary evidence, including relevant excerpts from official records.
Exhibit H:	Advisory Opinion, AFPC/DP3AM, dated 16 December 2021.
Exhibit I:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 December 2021.

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.