RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01343

xxxxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NOT INDICATED	

APPLICANT’S REQUEST

1.   His record be corrected to reflect award of the Vietnam Service Medal (Board adjudication not required; pending review for administrative correction).

2.  His record be corrected to reflect overseas/Foreign Service time in Okinawa, Japan and the Republic of the Philippines.

APPLICANT’S CONTENTIONS

Only his time in Thailand is reflected in his records.  His service in Thailand makes him eligible to wear the Vietnam Service Medal.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 14 Nov 67, the applicant was furnished an honorable discharge and credited with four years total active service, with no Foreign and/or Sea Service.

According to a letter dated 10 Oct 17, AFPC/DP3AM confirmed boots-on-ground in Thailand, from 4 Mar 67 to 30 Apr 67, for 1 month and 27 days.

On 20 Oct 17, the applicant was issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, correcting Block 22c, Foreign and/or Sea Service, from 00 00 00 to 00 01 27.

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 applicant’s request for Foreign Service in Okinawa, Japan and the Republic of the Philippines.  A review of his Master Personnel Records and documentation submitted failed to provide any documents that substantiate Foreign Service time in Okinawa or the Republic of the Philippines.

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 16 Aug 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).  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-2021-01343 in Executive Session on 20 Oct 21 and 25 Oct 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 23 Dec 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 13 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 16 Aug 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.