RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01637

XXXXXXXXXX	COUNSEL: NONE	

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect the following:

	a. He was credited with Foreign and/or Sea Service. (Will be administratively corrected)

	b. The location of his Foreign Service.

APPLICANT’S CONTENTIONS

He was sent on Temporary Duty (TDY) for 54 days from 17 May 68 to 10 Jul 68 to Royal Thai Air Force Base, Thailand.  This information is not reflected on his DD Form 214. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

According to AF Form 7, Airman Military Record, the applicant was sent TDY to Southeast Asia (SEA) for 54 days during the period 17 May 68 to 10 Jul 68.

On 29 Jan 70, according to DD Form 214, the applicant was honorably discharged from the Air Force.  He was not credited with Foreign Service.

On 4 Feb 22, AFPC/DP3AM (Directorate of Assignments) verified the applicant should have been credited with 1 month and 24 days of Foreign Service for his TDY to SEA from 17 May 68 to 10 Jul 68 .  His record will be administratively corrected following the Board.

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.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.

The Air Force Personnel Center Directorate of Assignments (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request to add Thailand to his DD Form 214.  A review of his Master Personnel Records and documentation submitted failed to provide any documents that substantiate Foreign Service time in Thailand. 

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 20 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 he served in Thailand.  However, a review of the documentation did confirm the applicant served in SEA from 17 May 68 to 10 Jul 68, for 1 month and 24 days.  The amount of Foreign Service time reflected on the applicant’s DD Form 214 will be administratively corrected to reflect 1 month and 24 days. In addition, as noted above, Foreign Service locations are not an authorized entry on the DD Form 214.  Therefore, the applicant may use the letter from the Directorate of Assignments as proof of his service in SEA.  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, other than the administrative correction noted above, 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-2021-01637 in Executive Session on 3 Mar 22:

Panel Chair, AFBCMR
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 24 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 20 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 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.