RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00722
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The “Foreign Service” section of his Air Force Form 7, Airman Military
Record, be corrected to reflect his Temporary Duty (TDY)  to  Ton  Son
Nuit [sic] Air Base, Saigon, and  Camron  Bay,  Vietnam,  rather  than
Southeast Asia (SEA).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was TDY to Vietnam during the following periods:

      - 22 May - 17 Jul 69, Camron Bay, Vietnam
      - 28 Aug - 6 Oct 69, Ton Son Nuit [sic] AB, Saigon

He was regularly exposed to Agent Orange and has since been  diagnosed
with both Hepatitis-C and Diabetes.  He has applied to the  Department
of Veterans Affairs (DVA) for disability  compensation  and  treatment
but has been denied because his records do not reflect his service  in
Vietnam, only that he was TDY to Southeast Asia (SEA).

In support of his request, the applicant submits a personal statement,
copies of his DD Form 214, excerpts from his medical  records  and  AF
Form 7.  The applicant’s complete submission, with attachments, is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

During  the  period  under  review,  the  applicant   contracted   his
enlistment in the Regular Air Force on 7 Jul 66 for a period  of  four
years.  He was progressively promoted to the grade of sergeant  (E-4),
with an effective date and date of rank of 1 Dec 69.  He was  released
from active duty and transferred to the Air Force Reserve in the grade
of E- 4 on 4 Jan 70.  He had completed a total of 3  years,  5  months
and 28 days of active service, with 1 year, 4 months  and  8  days  of
foreign and/or SEA service, at the time of discharge.  He was  awarded
the National Defense Service Medal (NDSM), the Vietnam  Service  Medal
(VSM) with one Bronze Service Star  (BSS),  the  Republic  of  Vietnam
Campaign Medal (RVCM) and the Small Arms  Expert  Marksmanship  Ribbon
(SAEMR).

Applicant reenlisted on 6 Apr 71 for a period of four  years  and  was
honorably discharged on 7 May 74.  He  had  completed  a  total  of  3
years, 5 months and 28 days of active service and was serving  in  the
grade of E-4.  He reenlisted on 8 May 74 and was honorably  discharged
on 4 Jun 75 because of  unsuitability  as  evidenced  by  his  apathy,
defective attitude, and failure to expend effort  constructively.   He
had completed a total of 1 year and 27 days of this enlistment and was
serving in the grade of airman first class (E-3).  He was  reduced  to
the grade of E-3, pursuant to an Article 15.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPCF/DPAPP2 recommends the application be denied.   DPAPP2  states
there are no documents in the  applicant’s  Master  Personnel  Records
(MPR) that show specific locations of TDY to Vietnam.  His  Air  Force
Form 7 does show he was TDY to Southeast Asia for a total of  97  days
during 1969.  Southeast Asia (SEA) included North and  South  Vietnam,
Thailand (except Bangkok and Don Mooing Airport), Laos  and  Cambodia.
Without supporting documents, the  location  of  the  TDYs  cannot  be
verified.  The HQ AFPC/DPAPP2 evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  11
Apr 03 for review and response.  As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  Although the applicant  provided  no
evidence to show actual locations while TDY to Southeast  Asia  (SEA),
it was noted that his DD  Form  214  reflects  award  of  the  Vietnam
Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM).
 Inasmuch as the DD Form 214  substantiates  service  in  Vietnam  and
having no reason to  doubt  the  applicant’s  credibility,  the  Board
majority is of the opinion that, in this case,  any  doubt  should  be
resolved in favor of the applicant and his AF Form 7, Airman  Military
Record, should be amended as indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be  corrected  by  amending  AF  Form 7,  Airman
Military Record, Section 2 (Foreign Service Summary), to show  he  was
credited with “TDY to SEA, which includes  Camron  Bay,  Vietnam,  (57
days) during the period 22 May-17 July 1969; and, TDY  to  SEA,  which
includes Ton Son Nhut AB, Saigon,  (40  days)  during  the  period  28
August-6 October 1969.”
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00722 in Executive Session on 8 July 2003 and 17 September 2003, under
the provisions of AFI 36-2603:

                  Mr. John L. Robuck, Panel Chair
                  Mr. Christopher Carey, Member
              Ms. Martha Maust, Member

By a majority vote, Ms. Maust and Mr.  Carey  recommended  granting  the
relief sought in  this  application.   Mr.  Robuck  voted  to  deny  the
applicant's request and submitted a minority report  (Exhibit  E).   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Feb 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP2, dated 1 Apr 03.
   Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 03.
   Exhibit E.  Minority Report.




                                   JOHN L. ROBUCK
                                   Panel Chair


                   MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                   FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM: SAF/MR

SUBJECT:    AFBCMR Case on APPLICANT

      I have carefully reviewed the circumstances of this case and do not
agree with the majority members of the AFBCMR panel that the applicant’s
request for correction to his Air Force Form 7, Airman Military Record,
should be approved.

      The applicant asserts that he was on temporary duty (TDY) in Vietnam
during 1969, that he was regularly exposed to Agent Orange and that he has
now been diagnosed with Hepatitis-C and Diabetes.  The applicant appealed
to the Department of Veterans Affairs (DVA) for disability compensation and
treatment for his medical conditions.  The DVA denied his request because
his military records reflect service in Southeast Asia (SEA), but not
specifically in Vietnam.  There are no documents in the applicant’s
military personnel records that show specific locations of TDY to Vietnam.

      Applicant appealed to the Board requesting his military records be
corrected to reflect TDY to Ton Son Nhut Air Base, Saigon, and Camron Bay,
Vietnam, rather than SEA.  It was noted that Southeast Asia (SEA) included
North and South Vietnam, Thailand, Laos and Cambodia.  He provided a copy
of his DD Form 214, which reflects award of the Vietnam Service Medal (VSM)
and the Republic of Vietnam Campaign Medal (RVCM).  His application was
considered by the Board on September 17, 2003, and the Board majority
recommended approval.  The Board majority is of the opinion that, since the
applicant received the VSM and RVCM, he was probably in Vietnam and that
any doubt should be resolved in his favor.  Although sympathetic to the
applicant’s situation, the dissenting member of the AFBCMR panel found no
evidence that he was actually in country; therefore, he believes
applicant’s request should be denied.  I agree with the minority member of
the AFBCMR panel.

      In arriving at my decision, I note that, other than his own assertion,
the applicant has provided no corroborative evidence to show he was TDY in
Vietnam.  Therefore, to grant the applicant’s request would be grossly
unfair to the numerous individuals who are similarly situated.
Accordingly, it is my decision that his application be denied.

                                       MICHAEL L. DOMINGUEZ
                                       Assistant Secretary
                                       (Manpower & Reserve Affairs)