RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04866

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect:

	1.  Award of the Air Medal (AM) (administratively corrected).

	2.  He receive Foreign Service credit for his service in the Philippines, Japan, Puerto Rico, Guam, Thailand and Korea.

APPLICANT CONTENDS THAT:

The Foreign Service on his DD Form 214 is not accurate.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Air Force on 25 Jul 68.

According to the applicant’s performance reports, he was stationed at Andersen AFB, Guam, from 9 Aug 70 thru 28 Nov 71.

On 9 Apr 72, the applicant received an honorable discharge with credit for 3 years, 8 month and 15 days of active duty service, including 1 year and 3 months of Foreign Service.

On 2 Apr 18, AFPC/DP3AM notified the applicant that his Foreign Service for Guam and Thailand had been verified, but they were unable to verify Foreign Service to any other locations.  Furthermore, the Foreign Service on his DD Form 214 was accurate.

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

AIR FORCE EVALUATION:

AFPC/DP3AM recommends denying the application, noting there is no evidence showing the applicant had any Foreign Service in any other location other than Guam and Thailand.

The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 30 Apr 18 for comment (Exhibit F), and the applicant replied on 12 May 18.  In his response, the applicant contended his TDY assignments while serving in the Air Force were extensive and included many locations other than Guam and Thailand.  His flight records from January 1971 to May 1972 should show he had Foreign Service in other locations.  The applicant’s complete response is at Exhibit G.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

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

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3AM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records other than that administratively rendered.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

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-2016-04866 in Executive Session on 31 May 18:

 Panel Chair
 Panel Member
 Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 18 Nov 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Letter, AFPC/DP3AM, dated 21 Nov 17.
Exhibit D:  Advisory opinion, AFPC/DP3AM, dated 2 Apr 18.
Exhibit E:  Advisory opinion, AFPC/DP3SP, dated 21 Dec 17
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 30 Apr 18.
Exhibit G:  Email, Applicant, 12 May 18.

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