RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00024

XXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect his foreign service in Korat AB, Thailand. 

APPLICANT’S CONTENTIONS

He was given verbal orders to get on board a plane destined for Korat AB and Korea.  He was not aware at the time but he went there to work on the F-105 and F-4C aircrafts in support of bombing missions in Vietnam.  His unit in Kadena AB, Okinawa rotated in and out of Thailand.  He has no records to prove this because it does not show up on his DD Form 214.  Consequently, he has been denied benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve master sergeant (MSgt, E-7).  

He performed a period of active duty in the Regular Air Force from 17 Mar 64 to 15 Mar 68.  He was credited with 3 years, 11 months and 29 days of active duty service.  

On 6 Nov 95, the applicant was assigned to the Reserve Retired List, eligible for retired pay, except for attainment of age of 60 (date of birth 6 Jul 42).  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 denial.  A review of his master personnel records and documentation submitted failed to provide any documents to substantiate foreign service time in Thailand.  The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

Board sent a copy of the advisory opinion to the applicant on 28 Jan 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 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).  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-2020-00024 in Executive Session on 17 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 7 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 27 Jan 20. 
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 Jan 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.