RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01120
INDEX CODE: 107.00
COUNSEL: MR. STEPHEN K. RYTHER
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
A DD Form 215 be issued citing all awards, citations, medals and ribbons
for his active duty service in South Vietnam.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was sent to South Vietnam on numerous occasions and was awarded combat
pay for these tours. He feels that he served over sixty days in Vietnam.
In support of his application he submitted copies of three TDY orders
sending him to Vietnam and a copy of his DD Form 214. Applicant’s complete
submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force in the grade of airman
basic (E-1) on 3 January 1964. Records reflect an overseas tour in Taiwan
for the period 24 December 1966 – 14 December 1967. The applicant was
awarded the National Defense Service Medal. He was released from active
duty on 15 December 1967. He had served 3 years, 11 months and 13 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Recognition Programs Branch, AFPC/DPPPR, reviewed this
application and recommends denial. DPPPR states that based on the Temporary
Duty Orders provided by the applicant, it is not possible to verify if he
was actually deployed to Vietnam. Additionally, his records do not
indicate that he performed any TDY while in Taiwan (See Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 15
June 2001 for review and response within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 probable error or injustice. 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 that copies of Travel Orders are not sufficient
evidence to indicate the applicant performed 30 consecutive or 60
nonconsecutive days in Vietnam. Should the applicant have supportive
documentation, such as Travel Vouchers, to indicate actual time spent in
Vietnam, the Board would be willing to again consider his request.
Accordingly, we find no basis to favorably act on his request.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 24 July 2001, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Michael V. Barbino, Member
Mr. William H. Anderson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 April 2001 w/atchs.
Exhibit C. Letter, AFPC/DPPPR, dated 4 June 2001.
Exhibit D. Letter, SAF/MIBR, dated 15 June 2001.
RICHARD A. PETERSON
Panel Chair
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