RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-00590

XXXXXXX	COUNSEL: XXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Report of Separation from Active Duty, be updated to include Foreign Service time in the Republic of Vietnam and Thailand.

APPLICANT’S CONTENTIONS

As a Ground Radio Operator in Vietnam, he was potentially exposed to Agent Orange.  Should he develop a medical condition attributed to Agent Orange, omission of Foreign Service in Vietnam and Thailand on his DD Form 214 will prevent him from claiming benefits for service-connected illness.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

According to his DD Form 214, the applicant served in the Regular Air Force from 30 Oct 69 to 29 Oct 73, and is credited with 1 year, 2 months, and 29 days of Foreign Service.

In a letter dated 10 Dec 19, AFPC/DP3AM [Assignment Policy] informed the applicant they were unable to verify his Foreign Service in Thailand.  However, there were able to verify Foreign Service time in the Republic of Vietnam but not able to determine exact dates of this service.  Therefore, the amount of Foreign Service annotated on his DD Form 214, 1 year, 2 months, and 29 days, is correct.  Since specific locations are not annotated on a member’s DD Form 214, the applicant can use their letter as proof of Boots-on-Ground for the Republic of Vietnam.

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

APPLICABLE AUTHORITY

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.  

The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service. 

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  They are able to verify and confirm Foreign Service in the Republic of Vietnam and provided the applicant a boots on ground letter.  However, a review of the applicant’s Master Personnel Records and documentation submitted failed to provide any documents which substantiate Foreign Service time Thailand.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 10 Dec 19, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3AM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board notes there was no evidence the applicant served in Thailand; however, AFPC/DP3AM was able to verify the applicant served in the Republic of Vietnam.  The amount of Foreign Service time reflected on the applicant’s DD Form 214, is correct, therefore a correction is not needed.  Furthermore, as noted above, Foreign Service locations are not an authorized entry on the DD Form 214.  Therefore, the applicant may use the AFPC/DP3AM Boots-on-Ground letter as verification of his service in the Republic of Vietnam.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, other than the administrative correction noted above, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-00590 in Executive Session on 20 Aug 20

Panel Chair
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Sep 18
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 10 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 Dec 19.

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