RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-02793

xxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, to reflect:
a.	Block 5a., Grade, Rate, or Rank: “SSgt (E-5)” instead of “Sgt (E-4)” (previously corrected – no Board action required)
b.	Block 22c., Foreign and/or Sea Service: “over 12 months” instead of “5 month, 17 days”
c.	Block 24., Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized:  add “Vietnam Campaign Medal” (pending review for administrative correction – no Board action required)

APPLICANT’S CONTENTIONS

The applicant contended he was promoted to staff sergeant (E-5) while in Vietnam.  He spent two terms in Vietnam for a total of 11 months, and was in Germany for 90 days (1968 & 1969) for a NATO exercise.  The applicant further contended the Vietnam Campaign Medal was not on his DD Form 214.  He is entitled to benefits as a Vietnam veteran but is being denied due to his records.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 1 Feb 70, under Special Order A-251, the applicant was promoted to the grade of staff sergeant (E-5), effective and with a Date of Rank of 1 May 69.

On 2 Mar 70, the applicant was furnished an honorable discharge, and credited with 3 years, 9 months, 21 days active service, of which 5 months, 17 days was foreign and/or sea service.

On 11 Aug 70, a DD Form 215, Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, was published, correcting items 5a, 5b, and 6, to read S/Sgt, E-5, and 1 May 69, respectively.

On 25 Apr 20, AFPC/DP3AM advised the applicant they verified and confirmed his boots-on-ground (BOG) foreign service time in the Republic of Vietnam and Germany; however, were unable to determine the inclusive dates of this foreign service and did not support correction of the applicant’s DD Form 214.

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

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the application.  Based upon documentation in the applicant’s official record, the applicant’s grade on his DD Form 214, issued in conjunction with his 2 Mar 70 discharge, was corrected via DD Form 215, published on 11 Aug 70.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent copies of the advisory opinion and BOG letter to the applicant on 27 Apr 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 the victim of an error or injustice.  While the Board notes the Boot-on-Ground letter provided to the applicant by AFPC/DP3AM stating they did not support correction of his DD Form 214, the Board finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant’s AF Form 7, Airman Military Record, reflects 8 months, 14 days foreign service via temporary duty, which is sufficient to justify granting the applicant’s request to amend his DD Form 214.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 2 March 1970 separation, be amended in Block 22c., Foreign and/or Sea Service, to reflect “00 08 14” vice “00 05 17.”

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, 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-2019-02793 in Executive Session on 12 May 20 and 15 May 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 16 May 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, w/atch, dated 1 Aug 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 Apr 20.

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.