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AF | BCMR | CY2005 | BC-2005-00610
Original file (BC-2005-00610.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00610
            INDEX CODE:  100.00; 107.00
            COUNSEL:  DVA

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 JUNE 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect temporary duty (TDY) he served in  Japan
and Vietnam in 1968-1969, and his pay  history  be  corrected  to  show  his
entitlement to Combat Zone pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records do not  reflect  any  TDY  assignment  locations,  nor  does  it
reflect any pay history such as hazardous duty pay for serving in  a  combat
zone.  His separation document reflects other service for  1  month  and  19
days, but does not indicate where this time was spent.  He  believes  it  is
the time spent in Vietnam.  He would  also  like  to  see  all  of  his  pay
history, to include overseas, TDY, and  Combat  Zone  pay.   He  served  his
country in Vietnam and other areas of the world for more than three and one-
half years.  His squadron was there, and he was  with  them  and  wants  his
time validated.

In support of the application, the applicant submits a  personal  statement;
documents excerpted from his military personnel  records  and  letters  from
the VA.  The  applicant's  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 16 November 1965, the applicant enlisted in the Air Force Reserve  for  a
period of six years.  On 5 January  1966,  the  applicant  enlisted  in  the
Regular Air Force in the grade of airman basic (E-1) at the age of 19 for  a
period of four years.  He was credited with 1 month and 19 days of  inactive
Reserve service.  He was progressively promoted to the grade of sergeant (E-
4) effective and with a date of rank  of  1  May  1969.   Available  records
indicate he served one overseas tour from  12  Jul  1966  to  22  June  1967
(Bermuda), and served one 16-day  TDY  on  31  August  1968  at  an  unknown
location.

On 5 May 1969, the applicant was honorably relieved from active  duty  under
the provisions of AFR 39-10, para 3-8q (Early Release program)  with  an  RE
code of 2.  He was credited with 3 years, 5 months  and  19  days  of  total
active service.  His DD 214 reflects he was  awarded  the  National  Defense
Service Medal.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP recommends denial.  DPAPP states the applicant does  not  have
any documents that support his claim for  a  TDY  to  Vietnam.   DPAPP  adds
their review of the applicant’s master personnel records confirm  there  are
no travel vouchers, TDY orders or any  other  documents  that  indicate  the
applicant served time in Vietnam.  DPAPP’s 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 4 March 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  Japan  and  Vietnam.   After  a  thorough
review of his submission and the  available  evidence  of  record,  we  were
unable to find evidence which substantiates the applicant’s claim.   To  the
contrary, the record shows the applicant was credited with 1  month  and  19
days of inactive  service  at  the  time  of  his  entry  into  the  Regular
component, the only overseas tour of duty the applicant  was  credited  with
was in Bermuda, and he was TDY at an unknown location in 1968 for  a  period
of 16 days.  This Board is not an investigative  body.   In  cases  of  this
nature, the burden for providing a showing of error or injustice rests  with
the applicant.  We found  nothing  in  the  applicant’s  military  personnel
record that supports  his  contentions,  nor  are  there  any  corroborating
witness statements attesting to his assignment to duties in Southeast  Asia.
 In the absence of such evidence, his request is not favorably considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice 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 10 August 2005, under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Jan Mulligan, Member

The following documentary evidence was considered in AFBCMR BC-2005-00610:

     Exhibit A.  DD Form 149, dated 2 Feb 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPAPP, dated 28 Feb 05.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Mar 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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