RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-00821

xxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO	

APPLICANT’S REQUEST

Correct his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, to reflect the two days he spent in Vietnam.

APPLICANT’S CONTENTIONS

While he was stationed at Shaw Air Force Base, South Carolina, he was sent temporary duty to serve six months in Bangkok, Thailand.  Going to and from Thailand, the airplane he was aboard landed and spent several hours in Saigon, Vietnam.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 3 Sep 64, according to AF Form 7, Airman Military Record, Block 2. Foreign Service, the applicant departed for temporary duty for a period of 128 days, and returned on 8 Jan 65 (adj.).

On 23 Dec 66, the applicant was furnished an honorable discharge and credited with 3 years, 11 months, 2 days active service, with no time credited to foreign and/or sea service.

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 the application.  A review of the applicant’s Master Personnel Records and documentation submitted failed to provide any documents that substantiate foreign service time in Thailand or the Republic of Vietnam.  Although the applicant’s AF Form 7 reflects a temporary duty assignment for 128 days, AFPC/DP3AM is unable to determine the location of this service.  

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 23 Sep 21 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.  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-2021-00821 in Executive Session on 30 Nov 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/atch, dated 7 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 2 Jun 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 Sep 21.

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.