RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02934

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his Foreign Service time for the following areas:

a. Honduras
b. Kingdom of Saudi Arabia

APPLICANT’S CONTENTIONS

His DD Form 214 does not reflect he was a Persian Gulf War participant, nor does it show his tour in Honduras during the Nicaraguan conflict.  He will not be permitted to join the Veterans of Foreign Wars if he does not show verification of his Foreign Service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 30 Mar 90, according to the AF Form 910, Enlisted Performance Report (AB thru TSGT), Section V (Rater’s Comments) states, “[Applicant] was instrumental to the outstanding support to the PRIME BEEF staff in planning for a deployment to Soto Cano AB, Honduras.” 

On 26 Jul 91, according to the DD Form 214, the applicant was discharged from active duty and was credited with 3 years, 9 months, and 12 days of total active service. He was not credited with Foreign Service.

On 4 Oct 21, AFPC/DP3AM (Assignment Policy) published a letter informing the applicant there is no evidence of his Foreign Service in the Kingdom of Saudi Arabia or Nicaragua.  They were able to verify his Foreign Service in Honduras; however, they are unable to determine the inclusive dates of this service. Therefore, a change will not be made to his DD Form 214.  The applicant was informed he could use their letter as proof of Boots-on-Ground for Honduras.

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

APPLICABLE AUTHORITY

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 Assignment Policy Directorate (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 for Foreign Service credit in the Kingdom of Saudi Arabia and Nicaragua.  They were able to verify and confirm Foreign Service boots on ground in Honduras, however, the information in the Master Personnel Record does not contain information that reflects Foreign Service in the Kingdom of Saudi Arabia or Nicaragua.  

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 4 Oct 21 for comment (Exhibit D), but has received no response.

The applicant’s complete response is at Exhibit E.

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.  In this respect, the Board notes AFPC/DP3AM was not able to verify the applicant served in the Kingdom of Saudi Arabia or in Nicaragua.  However, while they were able to verify the applicant served in Honduras, they were unable to determine the inclusive dates of this service. Therefore, a change will not be made to his DD Form 214.  Furthermore, as noted above, Foreign Service locations are not an authorized entry on the DD Form 214.  Therefore, the applicant may use the AFPC/DP3AM Boots-on-Ground letter as verification of his service in Honduras. 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-2021-02934 in Executive Session on 17 Feb 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 29 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, w/atchs, dated 4 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 Oct 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.