ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01559-2

XXXXXXXXXXXXX	COUNSEL: NONE	

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The Board reconsider his request his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued 11 Jul 73, be amended to show he served in Vietnam from 16 Dec 71 to 16 Mar 72.

He also requests his DD Form 214 show his service in the Philippines.

RESUME OF THE CASE

The applicant is a former Air Force sergeant (E-4).  

On 1 Jul 20, the Board considered and denied his request for correction of his records to show he served in Vietnam.  The Board concurred with and adopted the recommendation of AFPC/DP3AM that the applicant did not provide any evidence, nor did his records include any documentation he served in Vietnam.  The Board also found the case untimely as the applicant did not file within three years of discovering the alleged 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).   

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit E. 

On 27 Jul 21, the applicant requested reconsideration of his request.   He contends his tour in Vietnam and Clark AB, Philippines are mixed up together.  He was at Cam Ranh Bay, Vietnam from 17 Dec 71 to 16 Mar 72 and Clark AB from 16 Mar 72 to 17 Mar 73.  He states he was at Cam Ranh Bay for three months awaiting orders.  His barracks were attacked, he was arrested, released and ordered to board a plane to the Philippines.   In support of his request, he provides leave and earning statements (LES) and AF Form 2095, Assignment/Personnel Action, dated 30 Apr 73.  He also provides an individual printout dated 22 Oct 75, which shows he served in the Philippines, tour length was 15 months, his tour start was 16 Mar 72 and tour end date was 17 Mar 73.  

The applicant’s DD Form 214, issued 11 Jul 73, reflects 1 year and 2 days of foreign service credit.  It also states “Indochina-No; Vietnam-No; Korea-No.”

The LES provided by the applicant do not show receipt of incentive pay, special pay or proficiency pay.  

The applicant’s complete submission is at Exhibit F.

APPLICABLE AUTHORITY/GUIDANCE

Per DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series,  and AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series, and Personnel Services Deliver Guide, DD 214, Certificate of Release or Discharge from Active Duty, specific locations are not included on the DD Form 214.  

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The applicant contends his foreign service in Vietnam and the Philippines are intermingled and his DD Form 214 does not reflect his foreign service.  However, the Board notes the applicant’s record substantiates he served in the Philippines and his DD Form 214 issued 11 Jul 73, correctly shows he was credited with 1 year and 2 days of foreign service.  However, the applicant has not sustained his burden of proof to substantiate he had any boots on ground (BOG) service in Vietnam.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, 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-2019-01559-2 in Executive Session on 21 Apr 22:

 , Panel Chair
             , Panel Member
 , Panel Member

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

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 23 Dec 20.
Exhibit F:	Application, DD Form 149, w/atchs, dated 27 Jul 21.

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.