RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04071

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Report of Separation from Active Duty, be corrected to reflect overseas duty in the following locations:

	a. Taiwan (Administratively corrected) (Boots-on-Ground letter issued)
	b. The Republic of Vietnam
	c. Thailand

APPLICANT’S CONTENTIONS

His overseas duty is not included on his DD Form 214.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Regular Air Force staff sergeant (E-5), who initially entered the Regular Air Force on 7 May 1968.

On 2 December 1972, according to DD Form 214, the applicant was credited with 1 year, 2 months, and 25 days of Foreign and/or Sea Service.

On 3 January 2020, AFPC/DP3AM (Assignment Policy) was able to verify the applicant’s service in Taiwan; however, they are unable to determine inclusive dates.  Since specific locations are not annotated on the DD Form 214 the applicant was provided a letter as proof of “Boots-on-Ground” for Taiwan.  

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 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), which establishes and implements policy for the preparation and distribution of the DD Form 214, does not include a provision for update of temporary duty (TDY) assignments/locations on the DD Form 214.  AFI 36-2110, Total Force Assignments, 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.  

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  After a review of the applicant’s records and documents submitted, they are unable to verify Foreign Service in the Republic of Vietnam or 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 13 Jan 20 for comment (Exhibit D), and the applicant replied on 11 Mar 20.  In his reply, the applicant provided a copy of an envelope he mailed to his former spouse from APO San Francisco 96307.  

The applicant’s complete response is at Exhibit E.

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 recommendation of AFPC/DP3AM against correcting the record to show service in the Republic of Vietnam, the Board finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant provided an envelope with his name, which shows that he was in a location that had an APO San Francisco 96307 address.  According to Overseas Zip Code APOS Years 1965 to 1984, APO San Francisco 96307 was the designated zip code for Ton Son Nhut, Vietnam.  Although the Board cannot conclusively determine the exact dates the applicant was in Vietnam, based on the evidence, the Board recommends he be issued a “Boots-on-Ground” letter to show that he served in the Republic of Vietnam.  As noted above, specific locations are not annotated on a member’s DD Form 214; therefore, the applicant can use the Board directive as proof of “Boots-on-Ground” in the Republic of Vietnam.  However, for the remainder of the applicant’s requests, 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.  Accordingly, 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 APPLICANT be corrected to show he had “Boots-on-Ground” in the Republic of Vietnam.

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-2019-04071 in Executive Session on 8 May 2020:

, 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/atchs, dated 25 March 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 3 January 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 January 2020.
Exhibit E:	Applicant’s response, w/atchs, dated 11 March 2020.

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.