RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00432

XXXX XXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected to reflect Foreign Service in 

1.  Bahrain,
2.  Venezuela (administratively resolved),
3.  Operation DECISIVE ENDEAVOR (administratively resolved) and
4.  Operation ENDURING FREEDOM (administratively resolved).

APPLICANT’S CONTENTIONS

The service was omitted from his DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman first class (E-3).

On 24 Mar 89, the applicant entered the Air Force and was honorably discharged on 10 May 02.  He was credited with 13 years, 2 months and 14 days of active service with 1 year, 1 month and 19 days of Foreign Service.

On 18 Apr 20, AFPC/DP3AM notified the applicant his boots on ground” for Italy, Venezuela, Operation DECISIVE ENDEAVOR and Operation ENDURING FREEDOM had been confirmed and the amount of Foreign Service time on his DD Form 214 is correct.

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 credit for Bahrain.  There was no evidence of an error or injustice.  There was no evidence provided or located showing the applicant served Bahrain.

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 12 Aug 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. There was no evidence provided or located in the applicant’s military record reflecting service in Bahrain.  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-2020-00432 in Executive Session on 26 Aug 20:

XXXX XXXXX, Panel Chair
XXXX XXXXX, Panel Member
XXXX XXXXX, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 18 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Aug 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.