RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01294

XXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 1 Dec 90, be corrected to show his deployment to Operation DESERT SHIELD.

APPLICANT’S CONTENTIONS

His DD Form 214 does not reflect his deployment to Bahrain from 15 Aug 90 to 13 Oct 90 as a result of his short notice separation from active duty.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 15 Aug 90, DD Form 1610, Request and Authorization for TDY Travel of DoD Personnel, Special Order SOTD-XXX, provided by the applicant, he was issued orders to participate in Operation DESERT SHIELD for approximately 90 days.

On 7 Nov 90, according to AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation, the applicant requested he be separated on 1 Dec 90 for “Dependency.”  In support of his request, he provided a memorandum that indicated 13 Oct 90, was the return date from his deployment to Bahrain in support of Operations DESERT SHIELD.  On 8 Nov 90, his commander recommended approval and on 16 Nov 90, the separation authority approved his request.

On 1 Dec 90, according to DD Form 214, the applicant was honorably discharged from active duty with a Narrative Reason for Separation of “Hardship Reasons” and credited with 4 years, 2 months and 22 days of active service.  He was also credited with 2 years, 11 months, and 9 days of Foreign Service.

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

APPLICABLE AUTHORITY 

Department of Defense Instruction 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), which establishes and implements policy for the preparation and distribution of the DD Form 214, does not include a provision for update of temporary duty (TDY) assignments/locations on the DD Form 214.  AFI 36-2110, Total Force Assignments, states; use a combination of the following documents to verify completed TDY assignments: travel vouchers, PCS orders, decoration citations, enlisted or officer performance reports and records review Report on Individual Personnel.  

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request to correct his DD Form 214 to show Foreign Service in Bahrain.  A review of his Military Human Resource Record and documentation submitted failed to provide proof that substantiates Foreign Service time in 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 8 Nov 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.  Should the applicant submit evidence of his TDY to Bahrain, such as a Travel Voucher, decoration citation, or other evidence mentioned in the Applicable Authority, the Board would be willing to reconsider the request.  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).  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-2021-01294 in Executive Session on 3 Mar 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 9 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 1 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 8 Nov 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.