RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00259

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to include his deployment to Tan Son Nhut Air Base (AB), Vietnam.   

APPLICANT’S CONTENTIONS

He provides a personal statement of his temporary duty (TDY) to Vietnam.  In Mar 66, he was given orders to Tan Son Nhut AB and spent the following year working in base assignments.  He was constantly in and out of airplanes and inhaled dust from these planes.  He was exposed to Agent Orange and was diagnosed with lung cancer in 2017.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force sergeant (E-4).  He entered active duty on 16 Jun 65 and was honorably discharged on 13 Dec 68.  His DD Form 214 shows no foreign service.

His AF Form 7, Airman Military Record, lists his assignment locations as Lackland Air Force Base (AFB), Texas (TX), Amarillo AFB, TX and Keesler AFB, Mississippi.  His AF Form 7 reflects no foreign service.  

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

APPLICABLE AUTHORITY

Department of Defense Instruction (DoDI) 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), does not include a provision for update of TDY assignments/locations on the DD Form 214.  AFI 36-2110, Assignments, dated 22 September 2009, paragraph 3.4.4.3, states; use a combination of the following documents to verify completed TDY assignments: travel vouchers, PCS orders, decoration citations, enlisted or officer performance reports and records review Report on Individual Personnel (RIP).  

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.  While the applicant contends he had boots on ground (BOG) in Vietnam, he has provided no evidence to substantiate this to be the case.  Further, his military human resources record (MHRR) also does not contain any evidence he had BOG service in 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-2020-00259 in Executive Session on 11 Sep 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 17 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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., for Docket Number BC-2020-00259.