RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01966 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect his Vietnam service. _________________________________________________________________ APPLICANT CONTENDS THAT: He was informed by the Department of Veterans Affairs that he never served in Vietnam. He had orders to show he was assigned temporary duty (TDY) in Vietnam effective on or about 4 Feb 68 for two days and on or about 12 Jun 68 for six days. In support of his request, the applicant submits his TDY orders. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 Jul 66, the applicant enlisted in the Regular Air Force. On 17 Jul 70, he was honorably discharged. He served four years on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. DPAPP states that a review of the applicant’s Master Personnel Records and the documentation submitted does not substantiate his claim that he served in Vietnam. However, DPAPP was able to verify he had “boots on the ground” in the Republic of the Philippines from 4 Jan 67 and 3 Jul 68. The complete DPAPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 Jul 12, for review and comment within 30 days. As of this date, this office has received no response (Exhibit D). _________________________________________________________________ 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 error or injustice. The Board majority took notice of the applicant’s complete submission in judging the merits of the case; however, the Board majority agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. While the Board majority notes that the applicant has provided TDY orders to Hue Phu Bai, Republic of Vietnam (RVN) for two days in Feb 68 and Cam Rhan Bay, RVN, for six days in Jun 68, we do not find this evidence sufficient to substantiate his claim that he actually was TDY to these locations. However, should the applicant provide evidence to substantiate his claim, i.e., travel vouchers, we would be willing to reconsider his request. Therefore, in the absence of evidence to the contrary, the Board majority finds 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 this application in Executive Session on 20 Feb 14, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member By majority vote, the Board voted to deny the application. voted to correct the record and desires to submit a minority report. The following documentary evidence was considered in AFBCMR BC- 2012-01966: Exhibit A. DD Form 149, dated 25 Apr 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 21 Jun 12. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 12. Exhibit F. Minority Report, dated ? Panel Chair AFBCMR BC-2012-01966 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Application of I have carefully reviewed the evidence of record and the recommendation of the Board members. The majority found that applicant had not provided sufficient evidence of error or injustice and recommends the case be denied. I concur with that finding and their conclusion that relief is not warranted. Accordingly, I accept their recommendation that the application be denied. Please advise the applicant accordingly. Director Air Force Review Boards Agency MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Docket No: BC-2012-01966 I have carefully considered all the facts and circumstances of this case and do not agree with the majority members of the panel that the applicant’s request should be denied. The majority of the panel is not convinced that the applicant’s record should be corrected to reflect Vietnam service. However, I note that the applicant has provided original temporary duty (TDY) orders to Hue Phu Bai, Republic of Vietnam (RVN) for two days in Feb 68 and Cam Rhan Bay, RVN, for six days in Jun 68. Although the travel orders provided by the applicant are not definite proof he performed the TDYs, I believe he should be afforded the benefit of the doubt. . Therefore, in the interest of justice, I believe it appropriate to correct his record to reflect Vietnam service as indicated above. Please advise the applicant accordingly. Director Air Force Review Boards Agency