RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00974

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his service in support of Operations IRAQI FREEDOM (OIF).

APPLICANT’S CONTENTIONS

Due to a disciplinary incident that occurred upon his return from his deployment, his leadership refused to certify or acknowledge his participation in OIF.  He was even barred from obtaining a copy of his orders.  His AF Form 707B, Company Grade Officer Performance Report (2Lt thru CAPT) from 2003 reflects he was deployed in March 2003 in support of OIF.  He was discharged without any acknowledgement of his OIF participation on his DD Form 214.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve captain (O-3).

On 7 June 1996, the applicant was appointed as a second lieutenant in the Reserve of the Air Force.

According to the applicant’s DD Form 214, he served on active duty from 29 October 1997 through 30 May 2007.

The AF Form 707B rendered for the period 16 May 2002 through 27 June 2003 reflects the applicant was deployed for 43 days to RAF Fairford in direct support of Operation IRAQI FREEDOM.

On 4 May 2010, the applicant was honorably discharged from Air Force Reserve.

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

AIR FORCE EVALUATION

On 9 July 2020, AFPC/DP3AM notified the applicant that his boot on ground foreign service in the United Kingdom for 43 days had been verified and confirmed.  It was further noted that no additional foreign service would be awarded for the period since it was performed from another overseas location.  The amount of foreign service reflected on his DD Form 214 is correct.  Furthermore, specific locations are not annotated on an individual’s 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 19 August 2020 for comment (Exhibit D), and the applicant replied on 11 September 2020.  In his response, the applicant contended he is not seeking additional foreign service on his DD Form 214, he is requesting Section 19 on the DD Form 214 be updated with the phrase “Operation Iraqi Freedom participant”.  This is also necessary because he was not awarded a citation or recognition for this deployment which would have been recorded on the DD Form 214 in Section 13 reserved for decorations, medals, badges, citations, and campaigns.  He participated in OIF and this information should be noted on his DD Form 214.  Lastly, the DD Form 214 is the source documents required to show the former member’s entitlement to various veterans’ benefits.

The applicant’s complete response is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION

AFPC/DP2SSR-214 recommends denying the applicant’s request to list OIF on his DD Form 214.  The applicant’s DD Form 214 was prepared correctly in accordance with regulations and procedures.  The DD Form 214 serves as a brief synopsis of military service. It has been historical policy to refrain from listing assignments, deployments, operation names or locations on a DD Form 214.  The applicant will need to use either deployment orders or documentation from HQ AFPC/DPWORM to serve as source documentation for any deployments or operations.

The complete advisory opinion is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 29 October 2020 for comment (Exhibit G), 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/DP2SSR-214 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-2020-00974 in Executive Session on 14 December 2020:

, 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 6 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFPC/DP3SP, dated 9 Jul 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 Aug 20.
Exhibit E:	Letter, Applicant, dated 11 Sep 20.
Exhibit F:	Advisory, AFPC/DP2SSR-214, dated 28 Oct 20.
Exhibit G:	Notification of advisory, dated 29 Oct 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.