RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05006

 						COUNSEL:   

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be amended to reflect he served in Thailand in 1967 and 1969.

APPLICANT CONTENDS THAT:

He served in Thailand in 1967 and 1969; however, his DD Form 214 does not reflect his two tours.  He only noticed recently his Thailand service was not annotated on his DD Form 214 when he needed to prove to the Department of Veterans Affairs (DVA) he served in Thailand.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired on 1 February 1976 in the grade of Technical Sergeant (TSgt, E-6).  He was credited with 20 years and 1 day of active duty service.  

The applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued for his active duty period from 14 March 1968 to 13 March 1972 reflects he was awarded the Vietnam Service Medal with one Bronze Service Star (VSM w/1 BSS) and the Republic of Vietnam Campaign Medal (RVCM).  The applicant was also credited with 11 months and 13 days of foreign service for this period.  

The applicant’s Uniform Military Personnel Record reflects he served in Thailand from 3 January 1969 to 15 December 1969.  

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/DPAPP recommends denial.  DPAPP was able to determine the applicant served in Thailand from 3 January 1969 to 15 December 1969 but was unable to verify he served in Thailand in 1967.    

A complete copy of the AFPC/DPAPP 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 15 June 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In this respect, we note the Air Force office of primary responsibility (OPR) confirmed the applicant’s boots on ground service in Thailand from 3 January 1969 to 15 December 1969 and we are persuaded his foreign service is correctly annotated on his DD Form 214 for the active duty period from 14 March 1968 to 13 March 1972.  The applicant should be advised the DD Form 214 documents a specific period of active duty service and this is why the applicant’s foreign service is not recorded on his final DD Form 214 which recorded his period of active duty service from 14 March 1972 to 31 January 1976.  Furthermore, DODI 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), precludes adding TDY locations on the DD Form 214.  Accordingly, we find his DD Form 214 is correct and there is nothing to correct.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.     

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-05006 in Executive Session on 2 March 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 19 November 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 13 April 2016.
	Exhibit D.  Letter, AFBCMR, dated 15 June 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.