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AF | BCMR | CY2003 | 0201994
Original file (0201994.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 02-01994
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from the Armed  Forces,
be amended to reflect service in Vietnam for the years 1963 and 1964.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was sent on several temporary assignments  to  Vietnam.   He  spent  more
time TDY to Vietnam than with his unit at Clark AFB, PI.  He  is  a  Vietnam
veteran.  Since returning from Southeast Asia in 1965  he  has  had  medical
problems.  He went to the Veterans Administration (VA) hospital in the  late
1960’s and 1970’s for help but they refused.  Even though he doesn’t  smoke,
he was diagnosed last year with lung cancer.  He was told by a buddy  to  go
to the VA and sign-up on the Agent Orange registry.   However,  he  couldn’t
register with the VA Agent Orange registry because he couldn’t prove he  was
ever in Vietnam.  He felt betrayed.  The VA has  told  him  that  this  same
problem happens to other veterans.  He can’t believe his  country  sent  him
to South Vietnam and other places and they have no record of it.   His  life
hasn’t been much but at least  he  is  a  Vietnam  Veteran  and  served  his
country.  The VA told him to bring in  his  TDY  records  which  he  doesn’t
have.  He remembers that some of his TDY’s didn’t have destinations  written
on them.  He remembers the events that happened in Vietnam and  now  is  not
the time for his country to take this away from him.  He needs help  getting
a DD Form 215 to reflect he served in Vietnam during the years of  1963  and
1964.  Six months after he returned from Southeast Asia, his life  has  been
full of unexplained medical problems.  His children born  after  his  return
from Southeast Asia have suffered medical  problems  and  currently  his  22
year old daughter has unexplained medical problems.

In support of his appeal, applicant submits  a  personal  statement;  and  a
copy of his DD Form 214.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  in  the  grade  of  airman
basic (E-1) on 19 July 1961.   Records  reflect  an  overseas  tour  in  the
Philippines with assignment to the 405th Field Maintenance  Squadron,  Clark
AB, PI on or about 10 October 1963.  On 27 January 1965, the  applicant  was
released from active duty for Convenience of the Government.  On 28  January
1965, he was transferred to the Air Force  Reserve  for  completion  of  his
military service obligation.  He had served 3 years, 6 months and 9 days  on
active duty of which 1 year, 3 months,  and  4  days  was  foreign  service.
Effective 18 July 1967, he was  honorably  discharged  from  the  Air  Force
Reserve.

VA records indicate that the applicant initiated a  disability  claim  on  2
June 1965 for a lung condition.  On 17 September 1965,  in  accordance  with
the applicant’s request, his claim was disregarded.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP2 recommends the application be denied.  DPAPP2  states  that  the
only  overseas  assignment  recorded  in  the  applicant’s  record   is   an
assignment to 405th Field Maintenance  Squadron,  Clark  AFB,  PI.   He  was
assigned to that unit from 8 October 1963 to 8 March 1965.

The AFPC/DPAPP2 evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant states that a grave injustice is being committed against  him  and
he does not and never will accept the recommendation given  by  AFPC/DPAPP2.
He states that his DD Form 214 clearly states he  was  honorably  discharged
on 27 January 1965, which is correct, however, the evaluation states he  was
assigned to the 405th Field Maintenance Squadron, Clark AFB,  PI  through  8
March 1965.  This is an example of shoddy work.  Applicant states he is  not
looking for money or health care.  He has both.  He will not allow that  his
pride of being a Vietnam veteran be taken away.  He spent more time  TDY  in
Vietnam and should receive frequent flyer  miles  for  all  his  flights  to
Danang and Tonsonut AB outside of Saigon.  He volunteered for every  TDY  to
Vietnam that came along.  He was one of few electricians that was  competent
to work alone on the aircrafts.  He believes his TDY orders were  classified
or secret.  He cried when the VA said he had not been to Vietnam.  Now  that
he is being denied again, he is angry and will not give  up.   He  has  been
shot at on more than  one  occasion  and  lost  people  he  worked  with  in
Vietnam.  He is very proud to have served his country and to have served  in
Vietnam.  Applicant’s letter is at Exhibit E.

Applicant’s letter, with attachments, is at Exhibit E.

On  31  October  2002  and  27  November  2002,  Congressman  Davis’  office
requested assistance on behalf  of  his  consituent,  that  the  applicant’s
Vietnam service be reflected in his  military  service  record.   Copies  of
these letters are 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  Applicant’s contentions  are  duly  noted;
however,  we  do  not  find  these  uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override  the  rational  provided  by
the Air Force.  While the possibility exists that  the  applicant  may  have
been in Vietnam at some time, he has provided no evidence substantiating  he
was deployed to Vietnam for any specific dates or length  of  time.   Should
the applicant provide more expansive evidence demonstrating  his  deployment
to Vietnam, we would be willing to reconsider  his  petition.   Absent  such
evidence, we must agree with the recommendation of the Air Force  and  adopt
the rationale expressed as the basis for our  decision  that  the  applicant
has failed to sustain his burden that he has suffered either an error or  an
injustice.  The personal sacrifice the applicant endured for his country  is
noted and the  recommendation  to  deny  the  requested  relief  in  no  way
diminishes the high regard we have for his  service;  however,  insufficient
documentary evidence has been presented to warrant  relief.   Therefore,  we
find 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  Docket  Number  02-01994  in
Executive Session on 19 February 2003, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. James W. Russell, III, Member
                       Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP2, dated 12 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Oct 02.
      Exhibit E.  Letter, Applicant, dated 23 Oct 02 w/atchs.
    Exhibit F.  Letters, Congresswoman Davis, dated 31 Oct
                & 27 Nov 02.





                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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