RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03634

XXXXXXXXXXX	COUNSEL: XXXXXXXXXX

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, Block 30, Remarks, be corrected to reflect Foreign Service in Vietnam.

APPLICANT’S CONTENTIONS

He was a loadmaster in the Air Force and while he was never stationed in Vietnam, due to his military occupation he flew on missions into Vietnam. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 3 Dec 69, the applicant initially entered the Regular Air Force.

According to a copy of the applicant’s Uniform Military Personnel Record, he had two Foreign Service temporary duty assignments (TDY) in the area “PAC OCN GP.”  The TDY departure dates were on 10 Apr 72 and 20 Apr 72 for a length of five and six days, respectively. 

On 5 Sep 73, the applicant was discharged and credited with no Foreign Service time.  

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

APPLICABLE AUTHORITY

Department of Defense Instruction (DoDI) 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series) dated 20 August 2009, which establishes and implements policy for the preparation and distribution of the DD Form 214, does not include a provision for update of TDY assignments/locations on the DD Form 214.  AFI 36-2110, Assignments, dated 22 September 2009, paragraph 3.4.4.3, states; use a combination of the following documents to verify completed TDY assignments: travel vouchers, PCS orders, decoration citations, enlisted or officer performance reports and records review Report on Individual Personnel (RIP).  

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request for Foreign Service time in Vietnam.  A review of the applicant’s master personnel records and documentation submitted by the applicant failed to substantiate Foreign Service in the Republic of Vietnam. 

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 8 Oct 19 for comment (Exhibit D), and the applicant replied on 9 Nov 19.  In his response, the applicant requests that his flight logs and pay records at Travis and Warner Robins Air Force Base be reviewed as those documents would show evidence that he had many mission flights to Tan Son Nhut and Da Nang Air Base, Vietnam.  The applicant’s complete response is at Exhibit E.

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-2019-03634 in Executive Session on 18 Mar 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 17 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 4 Oct 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Oct 19.
Exhibit E:	Applicant’s response, dated 9 Nov 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.