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AF | BCMR | CY2004 | BC-2004-02058
Original file (BC-2004-02058.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02058
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given credit for Vietnam service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Vietnam service (in country) is not recorded on his DD Form 214.

In support of the appeal, applicant submits a copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 September 1965 for  a
period of four years.  He was progressively promoted to the  grade  of
airman third class on 22 October 1965,  the  grade  of  airman  second
class on 13 April 1966, and the grade of sergeant on 1 February  1968.
He received two Airman Performance Reports  (APRs)  and  one  Enlisted
Performance Report (EPR) closing 9 September 1966, 9  September  1967,
and 1  July  1968,  in  which  overall  evaluations  were  “Oustanding
Potential for Air Force Career,” “Outstanding Potential for Air  Force
Career,” and “9.”  He was released from active duty on 16 January 1969
under the  authority  of  an  early  release  program  (SDN  715)  and
transferred to the Air Force Reserve in the grade of sergeant.  He had
served three years, four months, and eight days on  active  duty.   He
received a reenlistment code of RE 01.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP states during the time applicant claims  he  was  TDY  into
Vietnam  he  was  assigned  to  Dover  AFB,  Delaware.    His   Airman
Performance Report during this period makes no reference to a  TDY  of
any kind.  Applicant was asked to review his personal  files  for  any
documents he might have to confirm a TDY into  Vietnam.   He  did  not
respond  to  the  request.   Therefore,  they  recommend   denial   of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 September 2004, 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  error  or  injustice.   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  the  conclusion  that  the
applicant has not been the victim of an error or injustice.   We  note
the applicant was asked to review his personal files for any documents
he might have to confirm a TDY into  Vietnam.   However,  he  did  not
respond.  Therefore, in the absence of evidence to  the  contrary,  we
find no compelling 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  this  application  in
Executive Session on 28 October 2004, under the provisions of AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Martha A. Maust, Member
                 Mr. Michael J. Maglio, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Jun 04, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAPP, dated 31 Aug 04.
      Exhibit D. Letter, SAF/MRBR, dated 3 Sep 04.




                             RICHARD A. PETERSON
                             Panel Chair

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