RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00240

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following:

a.	Block 12a, Date Entered AD This Period, be changed from 23 May 87 to 23 Feb 78
(will be administratively corrected).

b.	Foreign Service in the Republic of Vietnam.

APPLICANT CONTENDS THAT:

He wants to ensure his time in service and Vietnam service time are correct in his record.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  

On 14 Apr 70, the applicant initially entered the Regular Air Force and was discharged on 30 Sep 90.  He was credited with 1 year, 10 months and 2 days Foreign Service time.  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 applicant’s request for Foreign Service time in Vietnam.  A review of the applicant’s master personnel records and the information provided did not contain information that reflects he served in Vietnam.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 23 Mar 18 for comment (Exhibit D), 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, the Board concludes the applicant is not the victim of an error or injustice, apart from the erroneous date entered active duty already identified for administrative correction without need for action by the Board.  Regarding the applicant’s service in Vietnam, the Board generally concurs with the rationale and recommendation of AFPC/DP3AM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. While it is true the applicant’s 1990 DD Form 214 does indicate the award of the Republic of Vietnam Gallantry Cross, the applicant has not provided preponderant evidence to establish the extent of the time he may have spent in country.  Thus, there is no way for the Board to correct the applicant’s foreign service time without engaging in frank speculation.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was 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.

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-2017-00240 in Executive Session on 26 Jul 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 31 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 13 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Mar 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.