RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01802

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty to reflect his service in Vietnam.

APPLICANT’S CONTENTIONS

His DD Form 214 is erroneous.  His military service at Cam Ranh Bay Air Base, Republic of South Vietnam from Apr 69 to Mar 70, is not reflected on his DD Form 214.  He didn’t discover this error until 2019 when he filed a claim with the Department of Veterans Affairs (DVA). 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force sergeant (E-4).

On 22 Aug 66, according to DD Form 4, Enlistment Record – Armed Forces of the United States, the applicant entered the Regular Air Force.

On 27 May 70, according to DD Form 214, the applicant was released from active duty and assigned to the Air Force Reserve.  

On 27 Jan 22, AFPC/DP2WR advised the applicant after reviewing the Military Personnel Delivery System and Deliberate and Crisis Action Planning & Execution Segments, they could not verify any deployment(s) or TDY(s) he contends.  They further advised if he could provide other supporting documentation (TDY Orders, Flight Orders, or Travel Voucher) with exact dates, they would re-evaluate the case, but they have received no response. (Exhibit C)  

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

APPLICABLE AUTHORITY/GUIDANCE

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.  

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  After reviewing the information provided and the applicant’s Master Personnel Records, they were able to verify and confirm foreign service boots on ground in Taiwan, from 13 Mar 69 to 26 May 70, for 1 year, 2 months, and 13 days (foreign service time reflected on his DD Form 214), but unable to verify any foreign service in the Republic of Vietnam. 

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 16 May 22 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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.  Specifically, there is no documentation in the applicant’s official military records or provided by the applicant that could verify his service in the Republic of 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-2021-01802 in Executive Session on 30 Jun 22:

, 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 22 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 14 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 16 May 22

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2021-01802, as required by AFI 36-2603, paragraph 4.11.9.