RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03219

	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Correct his DD Form 214, Armed Forces of the United States Report of Transfer of Discharge, to reflect the following:

	a. Foreign Service Time of 12 months versus 6 months and 6 days.

b. Secret security clearance.

APPLICANT’S CONTENTIONS

He did two tours to XXXX, XXXX that caused his disability after he was exposed to herbicides.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

On 12 May 66, according to AF Form 47, Certificate of Eligibility and Record of Personnel Security Clearance, the applicant underwent LNAC investigation and the signature authority authenticated a favorable investigation on 10 Jun 66.

On 17 Feb 70, the applicant was issued DD Form 214 for the period of 18 Apr 66 to 17 Feb 70 with remarks, “LNAC completed on 12 May 66 and filed 4th District OSI.”

On 26 Apr 21, in response to the applicant’s rebuttal, AFPC/DP3AM confirmed the applicant served in XXXX from 25 Sep 67 to 30 Mar 68 for 6 months and 6 days and from 18 Sep 68 to 12 Mar 69 for 5 months and 23 days, for a combined total of 11 months and 29 days.  A DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, was accomplished reflecting the changes.

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

AIR FORCE EVALUATIONS

AFPC/DP3AM recommends denying the applicant’s request to correct his military service record to reflect two Foreign Service tours in XXXX.  The information provided and master personnel records do not contain information that reflects the applicant served an additional tour in XXXX.  The applicant’s tour in XXXX, from 25 Sep 67 to 30 Mar 68, is accurately reflected on his DD Form 214.

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSR-214 recommends denying the applicant’s request to correct his DD Form 214 to reflect his security clearance.  Based on Air Force procedures and information that could be referenced, the applicant’s DD Form 214 was correctly prepared.  The remarks section of the applicant’s DD 214 indicates that “LNAC completed on 12 May 66 and filed 4th District OSI.” Furthermore the documentation the applicant provided shows “NONE” next to his name in the security clearance area.  Further, any security clearance the applicant might have had would be expired some 50 years later.  The applicant has not indicated a valid reason to have a security clearance on his DD Form 214 and has also failed to provide any documented proof of having anything other than what was already listed in the remarks section of the form.  Finally, it has been over 50 years since the date of discharge, so any additions to security clearance information would be of no benefit to the applicant.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS

The Board sent copies of the advisory opinions to the applicant on 23 Nov 20 for comment (Exhibit E), and the applicant replied on 2 Dec 20.  In his response, the applicant contended the evidence in his master personnel record is incorrect and proof of his second tour to XXXX can be found within his secret deployment orders with a departure date of 16 Sep 68, travel voucher with departure date from the same stateside location on 16 Sep 68 and travel voucher with a departure date from XXXX on 12 Mar 69, along with his Airman Performance Report (15 Mar 69).  Copies of referenced documents were provided with his response.

The applicant’s complete response is at Exhibit F.

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/DP2SSR-214 and finds a preponderance of the evidence does not substantiate the applicant’s contentions beyond what was already administratively corrected.  The Board notes that while  the applicant requested he be credited with 12 months for Foreign Service time, the evidence only supports 11 months and 29 days and consequently, the Board concurs with the calculation and correction made by AFPC/DP3AM.  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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-03219 in Executive Session on 27 May 21:

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 29 Sep 20.
Exhibit B:	Military Human Resource Record [Excerpts or Pertinent Extracts].
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 18 Nov 20.
Exhibit D:	Advisory opinion, AFPC/DP2SSR-214, dated 20 Nov 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 23 Nov 20.
Exhibit F:	Applicant’s response, dated 2 Dec 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.