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AF | BCMR | CY2004 | BC-2004-02543
Original file (BC-2004-02543.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02543
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect service in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Vietnam and submits  a  USAFSS  Form  163,  Travel  Order
Indorsement, dated 19 Mar 71.  The Indorsement references Travel Order
TA-22, 6927 Security Group, 25 Feb 71.  The  Indorsement  directs  the
applicant to report to DaNang Airfield, Republic of Vietnam (RVN)  not
earlier  than  seven  days  prior  to  4  Apr  71   to   arrange   for
transportation from DaNang Airfield to Tan Son Nhut Airfield, RVN.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted for a period of four years in the  Regular  Air
Force on 23 Jun 69.

The Airman Performance Reports (APRs),  for  the  periods  23  Jun  69
through 10 Aug 71 indicate he was  assigned  to  the  6927th  Security
Group at Onna Point, Okinawa, as a Morse systems  operator.   [His  DD
Form 214 for  this  enlistment  period  appears  to  indicate  he  was
physically overseas for 1 year, 7 months and 9 days.]  These  APRs  do
not mention temporary duty (TDY) in Vietnam.  The  applicant’s  USAFSS
Form 163, Travel Order  Indorsement,  dated  19 Mar  71  (Exhibit  A),
references Travel Order TA-22, 6927 Security Group, dated 25  Feb  71.
Neither form is in his military records.

Around 11 Aug 71, the applicant was  assigned  to  the  6964  Computer
Service Squadron at San Antonio, TX, as a programming specialist.

The applicant was honorably discharged in the  grade  of  sergeant  on
7 Nov 72, after 3 years, 4 months and 15 days of active service.   His
DD Form 214 indicates he had 1 year, 7 months and 9  days  of  foreign
service.

The applicant immediately reenlisted on 8 Nov 72 for a period  of  six
years.  However, on 3 Oct 73, after 10 months  and  26  days,  he  was
administratively discharged due to a character and behavior  disorder,
with an honorable characterization.  This gave him a total of 4 years,
3 months and 11 days of active service.

Review of the applicant’s available Military  Personnel  Record  (MPR)
discloses no Travel vouchers, TDY orders or any other  documents  that
verify service in Vietnam.

On 30 Aug 04, HQ AFPC/DPAPP advised the applicant his records did  not
contain any documents showing he was in Vietnam.  Further, the  USAFSS
Form 163 was noted, but they requested the TDY order referenced in the
Indorsement be provided because that would tell them how long  he  was
in Vietnam.  Also helpful would be a copy of the TDY Travel Voucher he
would have had to file for the TDY.

In a letter dated 22 Sep 04, the applicant responded to HQ AFPC/DPAPP,
who forwarded his letter to the AFBCMR Staff.  The applicant indicates
he has asked for assistance  from  Senator  Kay  Bailey  Hutchison  in
resolving his claim.

Copies of HQ AFPC/DPAPP’s letter and the applicant’s response  are  at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP advises the applicant’s MPR has no Travel vouchers,  TDY
orders or any other documents that verify  service  in  Vietnam.   The
Indorsement the applicant furnished shows he  was  to  report  to  the
Passenger Service Counter at DaNang Airfield  Vietnam  on  4  Apr  71.
This travel order indorsement without the TDY  order  is  insufficient
justification to confirm service  in  Vietnam.   Denial  is  therefore
recommended.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 8 Oct 04 for review and comment within 30 days.  However,
as of this date, this office has received no 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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded his DD Form 214 should  reflect  service  in  Vietnam.   The
USAFSS Form 163 Indorsement was  noted,  but  this  does  not  confirm
service was, in fact, performed in Vietnam.  The applicant’s  records,
including his performance reports, do not reflect TDY  or  service  in
that country.  His records indicate he was assigned  to  Okinawa  from
approximately Jun 69 to Aug 71.  The  applicant  has  not  produced  a
travel voucher, TDY order or other documents that  verify  service  in
Vietnam.  We therefore agree with the Air Force’s  recommendation  and
adopt the rationale expressed  as  the  basis  for  our  decision  the
applicant has not sustained his burden of having  suffered  either  an
error or an injustice.  In view of the  above  and  absent  persuasive
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  this  application  in
Executive Session on 16 and 27 December 2004 under the  provisions  of
AFI 36-2603:

                 Ms. Rita S. Looney, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Mr. Gregory A. Parker, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02543 was considered:

   Exhibit A.  DD Form 149, dated 11 Aug 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, HQ AFPC/DPAPP, dated 30 Aug 04, &
                       Applicant, dated 22 Sep 04.
   Exhibit D.  Letter, HQ AFPC/DPAPP, dated 1 Oct 04
   Exhibit E.  Letter, SAF/MRBR, dated 8 Oct 04.





                                   RITA S. LOONEY
                                   Panel Chair

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