RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04635

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:

a.	Block 12f, Foreign Service, in Afghanistan from 25 May 06 to 10 Sep 06. (administratively corrected with corrected DD Form 215 and Boots on Ground letter)

b.	Block 18, Remarks, reflect that he is an “Air Force combat veteran.”

APPLICANT’S CONTENTIONS

He wants his DD Form 214 to reflect that he was in Afghanistan so that he can ensure that he and his family receive the benefits and entitlements associated with being a combat veteran.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force captain (O-3).  According to his DD Form 214, he served a period of active duty service from 25 Jun 00 to 29 Sep 07.

According to a letter from AFPC/DP3AM, date 27 Nov 19, the applicant was provided a letter to verify and confirm he had boots on ground foreign service time in Afghanistan, from 25 May 06 to 10 Sep 06, for three months and seven days.   

DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 2 Dec 19, shows that block 12f, Foreign Service, was corrected to reflect “00 00 00” to “00 03 07.”

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

AIR FORCE EVALUATION

AFPC/DP2STM recommends denying the applicant’s request to have his DD Form 214 reflect deployment locations and to state that he was an Air Force combat veteran.   In accordance with AFI 36-3202, Separation Documents, dated 20 May 94, table 4, does not provide an authorized entry to list assignments, deployments, operation names, locations, or combat veteran status on a DD Form 214.

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 Dec 19 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 Board concurs with the rationale and recommendation of AFPC/DP2STM 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-2019-04635 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 30 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 4 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 Dec 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.