RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2022-00237

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, corrected to reflect 60 days vice 6 days foreign service at U-Tapao Air Base (AB), Thailand.

APPLICANT’S CONTENTIONS

He served a 60-day temporary duty (TDY) tour at U-Tapao AB, Thailand, but his DD Form 214 shows 6 days.  He served one year at U-Tapao, then was stationed at Plattsburgh AFB, New York.  In Apr 71, he was sent back to Thailand on TDY for 60 days.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 11 Jul 68, according to DD Form 1351-2, Travel Voucher or Subvoucher, the applicant traveled to U-Tapao AB, Thailand.

On 6 Jul 69, according to DD Form 1351-2, the applicant returned from travel to U-Tapao AB, Thailand.

On 2 Apr 71, according to AF Form 626, Request and Authorization for Temporary Duty – Military, provided by the applicant, he was ordered TDY on or about 10 Apr 71, for approximately 62 days.

According to the applicant’s Uniform Military Personnel Record, dated 21 Jan 72, he was credited with a Foreign Service tour to Thailand from 11 Jul 68 – 6 Jul 69.

On 21 Jan 72, the applicant was furnished an honorable discharge, and credited with 3 years, 11 months, 23 days active service, of which 1 year, 6 days was Foreign Service.

On 1 Mar 22, according to AFPC/DP3AM (Directorate of Assignments), they were able to verify the applicant’s Foreign Service in Thailand from 11 Jul 68 – 6 Jul 69.

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

APPLICABLE AUTHORITY/GUIDANCE

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 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 application.  The applicant’s Foreign Service in Thailand from 11 Jul 68 – 6 Jul 69 was confirmed; however, the additional 60-day TDY assignment in Thailand claimed by the applicant could not be verified.  The information provided and the Master Personnel Records do not support any other foreign service than what is listed above.  

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 May 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 applicant claims he served a 60-day TDY tour in Thailand and provides a copy of his TDY orders as evidence. However, as noted above, TDY orders alone are not sufficient evidence the TDY was executed.  Furthermore, according to AFPC/DP3AM, they were unable to verify any additional Foreign Service beyond what is listed on the applicant’s DD Form 214.  Therefore, the Board 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).  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-2022-00237 in Executive Session on 21 Jul 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 6 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 1 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 May 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.