RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01810
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Report of Separation from Active Duty, DD Form 214,  issued  on  4
May 1976, be corrected to reflect award of the Purple Heart  and  that
his foreign service was 1 year, 5 months and 14  days  rather  than  1
year and 20 days.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His injury (shrapnel wound) happened during the U.S. bombing attack on
DaNang Air Base, Vietnam.

He wants  his  service  time  reflected  and  all  distinguished  acts
acknowledged on his DD Form 214.

In support of his request, the applicant submits a personal statement,
with pictures of his Purple Heart Medal and his jacket from Ubon Royal
Thai Air Force Base (RTAFB), Thailand, a statement from his brother, a
copy of a 1973  letter  to  his  brother,  additional  pictures  while
stationed at Ubon RTAFB, and additional documents associated with  the
issues cited in his contentions.   These  documents  are  appended  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records reflect that he enlisted in the
Regular Air Force on 5 May 72  for  a  period  of  4  years.   He  was
progressively promoted  to  the  grade  of  sergeant  (E-4),  with  an
effective date and date of rank of 1 Jul 74.   He  was  released  from
active duty and transferred to the Air Force Reserve on 4 May 76.   He
had completed a total of 4 years and was serving in the grade  of  E-4
at the time of his release.

The relevant facts pertaining to this application are contained in the
letters  prepared  by  the  appropriate  offices  of  the  Air  Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The Directorate  of  Assignments,  HQ  AFPC/DPAPP1,  stated  that  the
applicant’s performance reports verify 1 year, 2 months and 21 days of
service at Udorn RTAFB, Thailand.  There are no official documents  in
the applicant’s records that support  additional  credit  for  foreign
service.  DPAPP1 indicated that the photographs and  letter  from  the
applicant’s brother are  not  sufficient  evidence  to  authorize  any
additional foreign service.  DPAPP1 recommended that the applicant  be
credited with 1 year, 2 months and 21 days of foreign service (Exhibit
C).

The Recognition  Programs  Branch,  HQ  AFPC/DPPPR,  stated  that  the
applicant was previously notified of the criteria required  for  award
of the Purple Heart Medal.  DPPPR requested that the applicant provide
additional information which would substantiate his claim; however, he
did not respond to their request.  DPPPR indicated that  there  is  no
evidence in the applicant’s records that he  had  been  injured  as  a
direct result of enemy  action.   DPPPR  recommended  the  applicant’s
request for award of the Purple Heart Medal  be  denied.   A  complete
copy of this evaluation is appended at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the  advisory  opinion  and  indicated  that  a
standard tour of duty in Southeast Asia in the 70’s was 1 year  and  1
month.  It was recommended that he be credited with 1 year,  2  months
and 21 days of foreign service, which is an additional 2 months and  1
day rather than the 1 year and 20 days reflected on his DD  Form  214.
He would like to point out that his tour of duty at Udorn RTAFB was  1
year and 1 month, less 10 days of leave.  He submitted  photos  and  a
letter from his brother as evidence of his wound  received  at  DaNang
and his TDY to Ubon.  He also submitted the last name of a  member  of
the 31st TFW who was with him  at  Ubon.   A  complete  copy  of  this
response is appended at Exhibit F.
_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error  concerning  applicant’s  foreign  service
credit.  After reviewing the applicant’s submission and  the  evidence
of record, we are persuaded that some relief is  warranted.   In  this
respect, we are in agreement with the opinion  and  recommendation  of
the appropriate Air Force office, HQ AFPC/DPAPP1, that the evidence of
record confirms the applicant’s service at Udorn RTAFB, Thailand, as 1
year, 2 months and 21 days.  We note that, other than the  applicant’s
performance reports,  there  are  no  official  documents  to  support
additional credit for foreign service.  Apparently the  travel  orders
the applicant is referring to  are  not  maintained  as  part  of  his
permanent military records.  Hence, unless the  applicant  provides  a
copy of the travel orders, there is no evidence to support his request
for additional foreign service credit.  As to the applicant’s  request
to have the Purple Heart added to his DD Form  214,  no  evidence  has
been presented to indicate that the injury sustained  was  the  direct
result of enemy action or friendly fire.  We note that  the  applicant
was asked to provide additional information that  would  indicate  his
wound meets the criteria for the Purple Heart, but he has failed to do
so.  Absent sufficient documentation to support  his  eligibility  for
award of the Purple Heart, we find no basis to favorably consider this
portion of the applicant’s request.  In  view  of  the  foregoing,  we
recommend the applicant’s records be corrected to the extent indicated
below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected by amending the DD Form 214, Report
of Separation from Active Duty, issued on 4 May 1976, to show  he  was
credited with 1 year, 2 months and  21  days  of  foreign  and/or  SEA
service.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 28 March 2001, under the provisions  of  AFI  36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Robert S. Boyd, Member
              Mr. Edward H. Parker, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 Jun 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP1, dated 10 Oct 00.
   Exhibit D.  Letter, HQ AFPC/DPPPR, dated 31 Jan 01, w/atch.
   Exhibit E.  Letter, SAF/MIBR, dated 16 Feb 01.
   Exhibit F.  Letter from applicant, dated 12 Mar 01, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair


AFBCMR 00-01810




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected by amending the DD Form 214,
Report of Separation from Active Duty, issued on 4 May 1976, to show
he was credited with 1 year, 2 months and 21 days of foreign and/or
SEA service.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency