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AF | BCMR | CY2002 | 0200658
Original file (0200658.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00658
            INDEX NUMBER:  100.00
            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, dated 21 October  1973,  be  amended  in  Item  30,  Remarks,  to
reflect Vietnam - Yes.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant’s military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the applicant’s Vietnam service was  from  22 October  1965  to  21  October
1969, in which he spent  one  year  in  foreign  service  and  received  the
National Defense Service  Medal,  Vietnam  Service  Medal  with  two  Bronze
Service Stars, and  the  Republic  of  Vietnam  Campaign  Medal.   AFM  35-6
covered the applicant’s discharge forms during his  October  1973  discharge
and stated that only foreign service in Indochina or Korea  since  5  August
1964, that was completed during the  period  of  service  being  terminated,
should be entered on the form.  In the applicant’s case, this  was  from  22
October 1969 to 21 October 1973, during which time he did not  have  foreign
service.  His Vietnam service was documented on the 21 October 1969 DD  Form
214.

The AFPC/DPPRS 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  5
April 2002 for review and comment within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he has been the victim of an error or  injustice.   The  contested  DD  Form
214, Armed Forces of the United States Report of Transfer or Discharge,  was
prepared on 21 October 1973 in accordance with established procedures  which
directed that only foreign service completed during the  period  of  service
being terminated  be  documented  on  the  form.   The  applicant’s  Vietnam
service during the period 22 October 1965 to 21 October 1969 was  documented
on his DD Form 214 prepared on  21 October  1969.   The  applicant  contends
that his disability claim for exposure to Agent Orange  was  denied  by  the
Department of Veterans Affairs (DVA) because they could  find  no  proof  of
his being in-country during the Vietnam war.  However,  a  DVA  Request  for
Information prepared on 29 October 2001, requesting  any  documents  showing
exposure to herbicides indicates that no records of exposure  to  herbicides
were found.  In view of this, it appears that this was  the  basis  for  the
DVA’s denial of his disability claim, rather than his  inability  to  verify
his Vietnam service.  Regardless, there exists no error with respect to  his
military record.  The applicant’s 21 October  1969  DD  Form  214,  properly
documents  his  Vietnam  service  and  should  he  desire  to  resubmit  his
disability claim to the DVA, it is suggested that he provide a copy  of  his
21 October 1969  DD  Form  214  when  doing  so.  There  being  insufficient
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

_________________________________________________________________

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  Docket  Number  02-00658  in
Executive Session on 16 May 2002, under the provisions of AFI 36-2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Ms. Diana Arnold, Member
                  Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 13 Mar 02.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair

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