RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-00265
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.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He is on a pension from the Veterans Administration (VA) because of
diabetes connected to Agent Orange.
In support of his appeal, applicant submits a personal statement; a
supporting statement; a copy of his DD Form 214; a copy of his airman
separation record and personal pictures.
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 21 May 1973 for a period of 4 years. He was progressively
promoted to the grade of airman first class. Applicant was honorably
discharged on 6 August 1974, after serving 1 year, 2 months and 16 days on
active duty. No foreign service for this period was noted. A Separation
Program Designator (SPD) of "JGH" (Involuntary discharge, minimally
productive/limited potential airman) was assigned.
On 18 February 2003, the assignment advisor, AFPC/DPAPP2, advised the
applicant that a review of his record did not reflect any overseas service
during his tour of duty in the Air Force. On 26 February 2003, the
applicant responded by stating that he had submitted a signed affidavit of
his witness along with pictures while on board a C-141.
On 6 May 2003, AFPC/DPSAMP, responded to the applicant's request for copies
of his aeronautical orders, flight pay and other finance records. He was
advised that no aeronautical orders were found and that the portion of his
request pertaining to finance records was referred to the Defense Finance
and Accounting Service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP2 recommends the application be denied. DPAPP2 states that there
are no documents in the applicant's record that verify Vietnam service. He
was asked to furnish documents to verify his Vietnam service. He did not
furnish any documentation.
The AFPC/DPAPP2 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 16 May
2002, for review and response. As of this date, this office has not
received a 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. Applicant’s contentions and the
supporting statement were noted. He has been asked to provide specific
documentation i.e., PCS orders, TDY orders, to substantiate his deployment
to Vietnam in direct support of operations but has not responded. Should
the applicant provide more expansive evidence demonstrating his deployment
to Vietnam for 30 consecutive or 60 nonconsecutive days, 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. 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 9 July 2003, under the provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James W. Russell, III, Member
Mr. E. David Hoard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jan 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP2, dated 8 May 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 May 03.
BRENDA L. ROMINE
Panel Chair
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