RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01424

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:

1.	His service in the Republic of Vietnam.

2.	Award of the Vietnam Campaign Ribbon (VCR) and the Vietnam Service Medal (VSM).  
(The Board staff has referred this portion of the request to the Recognitions office at AFPC--no Board vote required).

APPLICANT’S CONTENTIONS

He served on the ground in Vietnam and flew numerous combat missions out of Cam Ranh Bay, Air Base, Republic of Vietnam, and Nakhon Phanom Air Base, Thailand.  However, his DD Form 214 does not reflect he served on the ground in Vietnam or list any awards/ribbons for flying combat missions.  He has been informed that if he had “boots on the ground” and citations/awards documentation for his service in Vietnam, he would be eligible for Department of Veteran’s Affairs (DVA) benefits.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 15 Jun 66, the applicant entered the Regular Air Force.

On 19 Jan 70, according to the DD Form 214 submitted by the applicant, he was released from active duty, having served 3 years, 7 months, and 5 days of active service, to include 4 months and 24 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/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.  

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request his DD Form 214 be corrected to reflect his service in the Republic of Vietnam.  A review of the applicant’s Master Personnel Records and documentation submitted failed to substantiate foreign service time in the Republic of Vietnam.  They were able to verify and confirm his foreign service in Thailand and Okinawa, but unable to verify any service in the Republic of Vietnam.  

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 15 Jun 22 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.  Specifically, the applicant’s Master Personnel Records and documentation submitted could not substantiate his foreign service time in the Republic of Vietnam, nor verify he served in the area of responsibility (Thailand and Okinawa) with the duration of time that meets the eligibility criteria for award of the VCR or VSM.  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-2021-01424 in Executive Session on 12 Jul 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Applications, DD Form 149, w/atchs, dated 8 Jan 21 and 2 May 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 29 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Jun 22.

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.