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AF | BCMR | CY2003 | BC-2002-03769
Original file (BC-2002-03769.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC2002-03769
            INDEX CODE: 107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His military personnel records show that he served one day in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has not received what he is entitled to.  He indicates that he served  in
the Vietnam War; however, his records show no service in Vietnam.

In support of his appeal, the applicant provided a copy of his DD  Form  214
(Certificate of Release from Active Duty or Discharged).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 December  1969  in  the
grade of airman basic.

On 2 November 1983, the applicant was honorably discharged in the  grade  of
staff sergeant under the  provisions  of  AFR  39-10  (Exceeding  Air  Force
Weight Standards).  He served a total of 13 years 10 months, and 24 days  of
total active military service.









According to the applicant’s DD Form 214 (Report of Separation  from  Active
Duty or Discharged)  he  received  the  following  decorations:   Air  Force
Longevity Service Award Ribbon with Two Devices,  National  Defense  Service
Medal, Vietnam Service Medal with Three Devices, Air Force Outstanding  Unit
Award with Combat Valor Device, Republic of  Vietnam  Gallantry  Cross  with
Palm Device, Republic of Vietnam Campaign Medal,  and  the  Air  Force  Good
Conduct Medal with Two Devices.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP2 recommended denial.  They indicated that there are no  documents
in the applicant’s records that show any assignment or TDYs to any  location
in Vietnam.  His overseas assignments  during  his  Air  Force  career  were
Thailand and England.  The applicant was asked to check his  personal  files
for any additional documents they could use to support his  claim.   He  did
not respond to their request.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 February 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response 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 an error or an injustice warranting  the  applicant’s  military
personnel records reflect that he  served  one  day  in  Vietnam.   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 and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim of an error or  injustice.   According  to
the applicant’s military personnel records there is no  indication  that  he
had any assignment or TDY’s to any location in  Vietnam.   Records  do  show
that he served in Thailand and England during his Air Force career.   On  10
December 2002 AFPC/DPAPP2 requested the applicant  provide  a  copy  of  PCS
orders, TDY orders or paid TDY travel vouchers showing he  was  in  Vietnam.
He did not respond.  Without any orders, verification of his time served  in
Vietnam cannot be verified.  Therefore, in the absence of  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 AFBCMR Docket Number  BC-2002-
03769 in Executive Session on 17 April 2003, under the provisions of AFI 36-
2603:

                  Mr. Albert F. Lowas, Jr., Panel Chair
                  Mr. Robert H. Altman, Member
                  Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 November 2002, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP2, dated 6 February 2003,
                   w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 7 February 2003.




                                ALBERT F. LOWAS, JR.
                                Panel Chair

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