RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04524

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST
 
His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflect overseas service and his Top Secret security clearance. 

APPLICANT’S CONTENTIONS

His DD Form 214 does not reflect he was stationed overseas or his Top Secret security clearance.

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

STATEMENT OF FACTS

The applicant’s Military Human Resource Record (MHRR) was destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  Available records are at Exhibit B.

For more information, see the documentary evidence at Exhibit B and advisory at Exhibit C.

APPLICABLE AUTHORITY

In accordance with Air Force Regulation 39-33A, Separation Processing, dated 26 June 1956, security clearance is not an authorized entry on the DD Form 214.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request for Foreign Service.  A review of the applicant’s limited MHRR failed to provide evidence of Foreign Service.

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 5 Mar 20 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 applicant has not provided evidence of Foreign Service; therefore, 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.  Furthermore, there is no evidence that applicant held a Top Secret security clearance and as noted above, even if the applicant provided evidence of his security clearance, it is not an authorized entry on the DD Form 214.  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).  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-2019-04524 in Executive Session on 8 May 20:

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 19 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 4 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 Mar 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.