RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-01718

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect his tour of duty in Korea.  

APPLICANT CONTENDS THAT:

His first assignment, Taegue, Korea, where he served from 1954-1955, is missing from his final            DD Form 214.  However, he was awarded the Korean Service Medal (KSM).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant.  

DD Form 214, for the period 10 Jul 52 - 9 Jul 56, reflects the following:

a.  Item 26, Foreign and/or Sea Service, 11 months and 21 days.

b.  Item 27, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, award of the KSM.

c.  Item 38, Remarks, FSSD (Foreign/Sea Service Date): 10 Jul 55 (Korea).

On 26 Mar 18, AFPC/DP3AM informed the applicant they were able to verify his boots-on-ground foreign-service time in the Republic of Korea, from 20 Jul 54 to 10 Jul 55, for 11 months and 21 days, and the foreign service listed on his DD Form 214 is correct.  Since specific locations are not listed on the DD Form 214, the applicant was instructed to use the letter as proof of his boots-on-ground in Vietnam.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  

According to applicable guidance, information regarding a member’s service in Korea, would only be included for the period of service for which the DD Form 214 incorporated.  The applicant’s period of Korean service was 1954-1955.  Therefore, the DD Form 214 for the period 10 Jul 72 – 31 Jul 75 would not include his service in Korea, and is correct as completed.  The complete advisory is at Exhibit D.

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 E), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

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/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  We note the OPR has provided a boots-on-ground letter as proof of Korean service.  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.

THE BOARD RECOMMENDS:  

The applicant be informed that 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-2017-01718 in Executive Session on 12 Jun 18:

All members voted not to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-01718:

Exhibit A:  Application, DD Form 149, w/atchs, dated 31 Mar 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Boots on Ground Letter, AFPC/DP3AM, dated 26 Mar 18.
Exhibit D:  Advisory opinion, AFPC/DP2STM, dated 7 May 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 8 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.