RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04299

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflect his service in the Republic of Vietnam and the Republic of Korea.

APPLICANT’S CONTENTIONS

He was in South Vietnam and South Korea several times while performing flight duty as a loadmaster.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 17 May 1970, according to AF Form 7, Airman Military Record, Block 19 (Chronological Listing of Service) the applicant was assigned to Travis Air Force Base (AFB), as an Aircraft Loadmaster.  Block 2 (Foreign Service) indicates “None.”

On 15 June 1972, Special Order G-241 was published in the United States, and reflects the applicant was awarded the Air Medal for the period 20 June 1970 - 18 January 1972, in support of the United States mission in Southeast Asia.

On 10 July 1972, according to DD Form 214, the applicant was released from active duty and transferred to the Air Force Reserve.  He was not credited with Foreign Service.  Item 30 (Remarks) reflects Vietnam:  No and Korea: No

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

APPLICABLE AUTHORITY

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.

The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service. 

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  A review of the applicant’s master personnel Records and documentation submitted failed to provide any documents that substantiate Foreign Service time in the Republic of Vietnam.  Although, there is documentation in the record that indicates service in Southeast Asia, an exact location could not be determined. 

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 15 June 2020 for comment (Exhibit D).  In a letter dated 11 July 2020, the applicant provided the additional documentation that indicates he traveled to the Republic of Vietnam.

The applicant’s response, with attachments, 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 and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes that AFPC/DP3AM initially could not verify the applicant’s service in the Republic of Vietnam, but they did not mention whether they were able to verify service in the Republic of Korea.  Therefore, Board staff conducted an independent review of the applicant’s records, and as noted above there is no evidence the applicant served in the Republic of Korea. However, after a review of the applicant’s response to AFPC/DP3AM’s evaluation, the Board sent the applicant’s evidence to Assignment Policy and they were able to verify the applicant served in the Republic of Vietnam.  As noted above, Foreign Service locations are not annotated on the DD Form 214; therefore, the applicant may use the AFPC/DP3AM letter as proof of boots-on-the ground in the Republic of Vietnam.  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-2019-04299 in Executive Session on 23 July 2020:

, 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 29 July 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 4 April 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 June 2020.
Exhibit E:  Applicant’s Response, w/atchs, dated 11 July 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.