RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04702

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record reflect time served in Thailand (Administratively Corrected) and the Republic of Vietnam. 

APPLICANT’S CONTENTIONS

He served in Vietnam for one year from 1972 to 1973.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably released Air Force sergeant (E-4).  He served from 11 December 1970 to 15 November 1974, totaling 3 years, 11 months and 5 days on active duty.  He was transferred to the Air Force Reserve and on 10 December 1976, he was honorably discharged.

On 4 March 2020, AFPC/DP3AM advised the applicant that after a complete review of his official military record and documentation provided, they were able to verify and confirm boots on ground foreign service time in Thailand; but unable to determine the inclusive dates of service. Further, they were unable to determine any foreign service in the Republic of Vietnam.  The amount of foreign service time reflected on the DD Form 214 is correct; therefore, a correction is not needed.  Since specific locations are not annotated on a member’s DD Form 214, this letter could be used as proof of “boots on ground” for Thailand.

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

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying foreign service for the Republic of Vietnam.  They were able to verify and confirm the applicant served in Thailand.  However, the information provided and the Master Personnel Record did not contain information that reflects the applicant served 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 23 March 2020 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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, other than the administrative correction to his record, the Board finds the application untimely and recommends against correcting the applicant’s records beyond that administered administratively.

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-2019-04702 in Executive Session on 30 June 2020:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 September 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 4 March 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 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.