RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03515

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, be corrected to reflect his Temporary Duties (TDYs) to  Pope  AFB
and Travis AFB during the Cuban Missile Crisis, and his TDY to Vietnam  from
Hickam AFB in 1963.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Public Law 106-419 provides compensation for Vietnam veterans  serving  time
in that country; however, he is being denied  compensation  because  his  DD
Form 214 does not reflect his TDY to Vietnam.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 12 January 1961, the applicant enlisted in the Regular Air  Force  for  a
period of four years.  He was progressively promoted to the grade of  airman
second class (E-3).  However, as a result of nonjudicial punishment  imposed
under Article 15 of the Uniform Code of  Military  Justice  (UCMJ),  he  was
reduced to the grade of airman third  class  (E-2),  effective  28  February
1964.

He was released from active duty on 11 January 1965, and transferred to  the
Air Force Reserve under the provisions of AFR 39-10 (Expiration of  Term  of
Service), after completion of four years of active  service.   The  DD  Form
214 issued in conjunction with his release from active duty  indicates  that
he completed 2 years, 1 month, and 29 days of foreign service.

An AF Form 7, Airman Military Record, indicates  that  he  was  assigned  to
Hickam AFB, HI, from 3 August 1961 through 1 October 1963.

Block VII, Comments of Reporting  Official,  on  AF  Form  75,  USAF  Airman
Performance Report (APR), rendered for the  period  12 January  1962  to  11
January 1963, while applicant was  assigned  to  Hickam  AFB,  contains  the
statement, “During the recent alert, [applicant] was one  of  the  first  to
volunteer his services and skill in  accompanying  and  supporting  aircraft
involved in the alert.”

On 11 January 1967, he was honorably discharged from the Air Force Reserve.

On 1 November 2000, Public Law 106-419,  amended  Title  38,  United  States
Code, to increase amounts of educational assistance for veterans  under  the
Montgomery GI Bill and to enhance programs  providing  educational  benefits
under that title, and for other purposes.

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AIR FORCE EVALUATION:

AFPC/DPAPP2 recommends the application be denied and states, in  part,  that
there are no documents in the applicant’s records to reflect any TDYs to  or
his participation in the Cuban Missile Crisis.  He was asked to  review  his
personnel records to see if he might have any documents that could  be  used
to support his claim; however, he did not respond.

The AFPC/DPAPP2 evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 14 February 2003 for review and response within 30 days.  However, 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 error or injustice.  The applicant contends that  he  is  being
denied compensation given to  Vietnam  Veterans  under  Public  Law  106-419
because his DD Form 214 does not reflect his TDY to Vietnam.   In  addition,
his TDYs to Pope AFB and Travis AFB, during the Cuban Missile Crisis  should
also be included on his DD Form 214.  However, the evidence  of  record  and
the applicant’s  submission,  do  not  contain  any  source  documents  that
confirm his completion of any TDYs and participation in  the  Cuban  Missile
Crisis.  The appropriate office  of  primary  responsibility  contacted  the
applicant and requested he review his personnel records for  any  additional
supporting documentation; however,  he  has  not  responded.   The  personal
sacrifice the applicant endured for his country is noted  and  our  decision
in no way diminishes the high regard we have for his service;  however,  the
applicant has failed to sustain his burden that his records are in error  or
unjust.  Hence, we find  no  compelling  basis  to  recommend  granting  the
relief sought.

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 issues 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 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  BC-2002-03515
in Executive Session on 8 May 2003, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. James W. Russell, III, Member
                       Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Oct 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP2, dated 3 Feb 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair