RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01733

XXXXXXXX	COUNSEL: XXXXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His AF Form 7, Airman Military Record, and DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to include three periods of service in Southeast Asia, including South Vietnam.

APPLICANT’S CONTENTIONS

The incomplete documentation is interfering with his eligibility for medical benefits from the Veterans Administration. 

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 the applicant’s DD Form 214, he served in the Regular Air Force from 13 Mar 68 to 8 Jan 72 and was credited with 2 years, 8 months and 26 days of Foreign Service. 

In a letter dated 9 Aug 19, AFPC/DP3AM was able to verify boots on ground Foreign Service time in the Taiwan, from 11 Apr 69 to 30 Jun 70 and Okinawa, from 2 July 70 to 7 Jan 72.  However, they were unable to verify any Foreign Service time in the Republic of Vietnam or the Republic of Korea.  The amount of Foreign Service time reflected on the applicant’s DD Form 214 is correct.

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, indicating that based on the information provided and a review of the applicant’s military human resource record did not contain information he served in the Republic of Vietnam or the Republic of Korea.  

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 22 Aug 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.  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, 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-2019-01733 in Executive Session on 23 April 2020:

Panel Chair, AFBCMR
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 22 Feb 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 9 Aug 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Aug 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.