RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01954

XXXXXXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect his deployments to Bagram AB, Afghanistan and Muwaffaq Salti AB, Jordan in support of Operation ENDURING FREEDOM (OEF).

APPLICANT CONTENDS THAT:

His records do not show he served at these locations.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.

On 15 Nov 17, AFPC/DP3AM provided the applicant with a boots on ground (BOG) letter confirming his foreign service time at Aviano AB, Italy.  Since the TDY assignments were performed while assigned to an overseas location, no additional foreign service time would be awarded on his DD Form 214.  The applicant was advised to use the provided letter as his proof of BOG for Italy, Jordan and Afghanistan since specific locations are not annotated on the DD Form 214.  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 denial for amendment of his DD Form 214 to reflect his deployments to Afghanistan and Jordan.  The applicant did not provide evidence his DD Form 214 was prepared in error.  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 9 Jul 18 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/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).  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, aside from the BOG letter provided by the applicant documenting proof of his foreign service, 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-2017-01954 in Executive Session on 14 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2017-01954:

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Memorandum to applicant, AFPC/DP3AM, dated 15 Nov 17.
Exhibit D:	Advisory opinion, AFPC/DP2STM, dated 22 Dec 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 9 Jul 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.