RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03485
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 MARCH 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he served time in Vietnam in order to
receive VA benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served time in Vietnam and Thailand, but his records do not show his
Vietnam time. He would like to receive VA benefits.
In support of the application, the applicant submits a copy of two of his
separation documents, and a copy of two of his permanent change of station
orders (2). The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 August 1955, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) at the age of 17 for a period of four years.
He was progressively promoted to the grade of technical sergeant (E-6)
effective and with a date of rank of 1 May 1974. Available records
indicate he served three (3) overseas tours from 8 October 1956 to 9 April
1958 (Azores), 26 November 1964 to 8 November 1965 (Thailand), and 27 April
1974 to 23 April 1975 (Thailand).
On 30 June 1979, the applicant was honorably relieved from active duty and
retired effective 1 July 1979. He was credited with 22 years, 8 months,
and 21 days of total active service. His DD Forms 214 reflect he was
awarded the Air Force Good Conduct Medal (5OLC), the Air Force Longevity
Service Award (4OLC), the Air Force Outstanding Unit Award (1OLC), the
Armed Forces Expeditionary Medal, the Air Force Commendation Medal, the
Bronze Service Star (2OLC), the Joint Service Commendation Medal, the Small
Arms Expert Marksmanship Ribbon, and the National Defense Service Medal.
His service record reflects he participated in the Vietnam Advisor Campaign
and the Vietnam Defense Campaign.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAPP2 recommends denial. DPAPP2 states there are no source
documents that confirm the applicant’s claim of service in Vietnam. DPAPP2
notes the applicant provided copies of his PCS order which showed his
assignment to Saigon, Vietnam in November 1964; however, his AF Form 7
shows he reported to Thailand in November 1964. DPAPP2 states this would
indicate he was diverted from his Vietnam assignment to Thailand. DPAPP2
notes the applicant’s Airman Performance Report written during the same
time frame also confirms he was assigned to Thailand from 24 November 1964
through 17 December 1965. DPAPP2 states they requested the applicant
provide any additional documents that would support his claim for any time
spent in Vietnam, but he did not respond to their request. The 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 for
review and comment on 14 January 2005. As of this date, this office has
received no response (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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. The applicant contends he should be
awarded credit for time served in Vietnam. After a thorough review of his
submission and the available evidence of record, we are not persuaded he
served a tour of duty in Vietnam. We note the observations by the Air
Force office of primary responsibility that the applicant’s PCS orders show
he was diverted from Vietnam to Thailand and the Airman Performance Report
written during the time frame confirms he was assigned to Thailand, not
Vietnam. In the absence of evidence indicating the applicant served in
Vietnam, we agree with the assessment of the Air Force office of primary
responsibility concerning the applicant’s request. While we appreciate and
honor the applicant’s service to his country, in view of the above and
absent persuasive evidence showing his records are in error or unjust, his
request is not favorably considered.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 25 May 2005, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Michael J. Maglio, Member
Mr. Charles E. Bennett, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2004-03485:
Exhibit A. DD Form 149, dated 11 Jun 04 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPAPP2, dated 10 Jan 05.
Exhibit D. Letter, SAF/MRBR, dated 14 Jan 05.
JOSEPH G. DIAMOND
Panel Chair
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