RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01408

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to include his Vietnam service.

APPLICANT CONTENDS THAT:

He served in Cam Rahn Bay, Republic of Vietnam from 12 Jan through 18 Mar 68.  In support of his request he provides a letter from the Air Force that corroborates the fact that he did serve in Vietnam and a copy of his AF Form 7, Airman’s Military Record, that reflects he was on temporary duty to Southeast Asia (SEA) for 86 days in 1968 (Jan-Mar).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former member of the Air Force.  

The applicant provides a letter signed by the Chief, Congressional Inquiry Division, Office of Legislative Liaison, that states the Air Force Historical Research Agency (AFHRA) confirms his temporary duty at Cam Rahn Bay, Republic of Vietnam from 12 Jan 68 to 18 Mar 68; however, there is no documentation from the AFHRA to support this claim.  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.  After reviewing the applicant’s Master Personnel Records (MPR) and documentation provided by the applicant, they were unable to substantiate foreign service time in Vietnam.  His record reflects he was sent on temporary duty to SEA from 12 Feb through 18 Mar 68, but the exact location is not listed.  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 8 May 18 for comment (Exhibit D), and the applicant replied on 12 May 18.  In his response, he reiterates his original contentions, and resubmits a letter from the Air Force.  He also submits a letter from his Congressman’s office, which states “We were advised by the Department of Air Force that they have received information relating to your temporary duty assignment in Republic of Vietnam.”  

The applicant’s complete response is at Exhibit E.

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/injustice/error and 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 service in Vietnam.   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).  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.  Should the applicant provide additional evidence of service in Vietnam, the Board may be willing to reconsider his request.

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-2017-01408 in Executive Session on 20 Jun 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 9 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 6 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 May 18.
Exhibit E.  Letter, Applicant’s Rebuttal, dated 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 pertaining to Docket Number BC-2017-01408.