RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00567 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband's records be changed to reflect: 1. His foreign service in Vietnam on his DD Form 214. 2. The fourth and fifth digit of his social security number be changed to reflect 34 rather than 32. (administratively corrected) _________________________________________________________________ APPLICANT CONTENDS THAT: Her late husband's DD Form 214 does not reflect his correct social security number and Vietnam foreign service. In support of her request, the applicant provides a copy of her late husband's DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, his death certificate and a letter from the Agent Orange Administration. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The former service member contracted his initial enlistment in the Regular Air Force on 6 Feb 59. He was progressively promoted to the grade of airman third class having assumed the grade effective and with a date of rank of 10 Oct 61. He was honorably discharged on 4 Dec 62. He served 3 years, 7 months and 29 days on active duty. He had two years, one month and seven days of foreign service. His AF Form 7, Airman Military Record, reflects he had foreign service in Japan. On 19 Apr 08, AFPC/DPAPP requested the applicant provide documentation showing her late husband served in Vietnam. She did not respond. On 8 Sep 09, AFPC/DPSSRP informed the applicant that her late husband's social security number will be corrected administratively. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPAPP recommends denial. DPAPP states there is no evidence in the former service member's record to reflect he was assigned or on temporary duty in Vietnam. The AFPC/DPAPP complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states she does not believe her husband served in Vietnam but, she does remember him telling her that he helped wash-off airplanes that had been dropping bombs and that is how he was exposed to Agent Orange. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding his request to have his Vietnam service reflected on his DD Form 214. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our decision that the applicant has failed to sustain her burden of proof of the existence of an error or injustice. As stated by the OPR, the former service member's social security number will be administratively corrected; therefore, action on this portion of the applicant’s request is not required. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00567 in Executive Session on 22 Oct 09, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 23 & 30 Jun 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPAPP, dated 19 Aug 09. Exhibit D. Letter, SAF/MRBR, dated 11 Sep 09. Vice Chair