RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05071

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be updated to include Foreign Service time in the Republic of Vietnam and Taiwan.

APPLICANT CONTENDS THAT:

The omission of Foreign Service on his DD Form 214 has previously prevented him from claiming benefits for service-connected illnesses.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 1963 to 1967, and is credited with 1 year and 25 days Foreign Service.

In a letter dated 28 September 2017, AFPC/DP3AM informed the applicant they were unable to verify his Foreign Service in the Republic of Vietnam.  However, AFPC was able to verify Foreign Service time in Taiwan from 5 May 1966 to 29 May 1967.  Therefore, the amount of Foreign Service annotated on his DD Form 214, 1 year and 25 days, is correct.  Since specific locations are not annotated on a member’s DD Form 214, AFPC’s letter can be used as proof of boots-on-ground for Taiwan. 

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

AIR FORCE EVALUATION:

AFPC/DP3AM recommends denying the application.  They are able to verify and confirm Foreign Service boots on ground in Taiwan from 5 May 1966 to 29 May 1967, for 1 year and 25 days; however, they are unable to confirm Foreign Service in the Republic of Vietnam.  The complete advisory is at Exhibit C.

AFPC/DP2STM recommends denying the application.  According to AFM 35-56, Separation Processing, dated 25 January 1967, the applicant’s Foreign Service in Taiwan for 1 year and 25 days is correctly annotated on his DD Form 214, block 22c (Foreign and/or Sea Service).  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 28 November 2017, for comment (Exhibit E), but has received no response.

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 AFPC/DP2STM 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).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  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 record.

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.

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-2016-05071 in Executive Session on 14 June 2018:

, 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 14 December 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM dated 28 September 2017.
Exhibit D:	Advisory opinion, AFPC/DP2STM dated 29 September 2017.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 28 November 2017.

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