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AF | BCMR | CY2005 | BC-2005-01014
Original file (BC-2005-01014.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01014
                       INDEX CODE:  107.00
                       COUNSEL:  AMERICAN LEGION

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 AUG 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect any awards and ribbons to which he
may be entitled, and that he was stationed in Thailand and  flew  into
Vietnam twice.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Someone at the Veterans Administration (VA) told him he could get it.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF)  on  8 October
1970, as an airman basic (AB) for a period of four years.

The applicant’s records reflect he was awarded  the  National  Defense
Service Medal (NDSM).  His records further reflect he was stationed in
Thailand from 12 May 1972 through 29 April 1973.  He had 11 months and
18 days of foreign service.

The applicant was involuntarily discharged on 2 November 1973  with  a
general discharge under the provisions of AFM 39-12 for  unsuitability
in the grade of sergeant (E-4).  He served 3  years  and  25  days  of
active duty service.

On 6  April  2005,  HQ  AFPC/DPAPP  requested  the  applicant  provide
documentation to verify he was on Temporary  Duty  (TDY)  in  Vietnam.
The applicant did not respond.

The Board staff, upon  further  review  of  the  applicant’s  request,
determined the applicant was requesting entitlement to awards for  his
service in Vietnam.  Therefore, an additional advisory  was  requested
to address this issue.

As a result of the request for an additional  advisory,  on  18 August
2005, a DD Form 215 was issued adding the Air Force  Outstanding  Unit
Award with Valor, Vietnam Service Medal with one Bronze Service  Star,
Vietnam Gallantry Cross with Palm, Republic  Vietnam  Campaign  Medal.
No other advisory was provided.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP states there is  no  documentation  in  the  applicant’s
record confirming flights or TDYs into Vietnam during his tour of duty
in Thailand.  Therefore, based on the above information they recommend
the requested relief be denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  and
counsel on 20 May 2005, for review and response.  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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or  an  injustice.   The
applicant requests he be awarded any ribbons or decorations  to  which
he may be entitled and that his records reflect he flew  two  missions
to Vietnam and was stationed in Thailand.  With regard to  the  awards
and decorations issue, we have been advised  by  HQ  AFPC/DPPPRA  they
have verified the applicant is entitled to the Vietnam  Service  Medal
with one Bronze Service Star, the Vietnam Gallantry Cross  with  Palm,
the Republic of Vietnam Campaign Medal, and the Air Force  Outstanding
Unit  Award  with  Valor   and   his   record   has   been   corrected
administratively.  Therefore, unless the  applicant  provides  further
information, we believe this satisfies  his  request  for  awards  and
decorations.  With respect to correcting his  records  to  reflect  he
flew two flights into Vietnam, it is noted there is  no  documentation
in the applicant’s records confirming any flights  or  temporary  duty
into Vietnam while he was stationed Thailand.  Therefore, without such
documentation, we find no basis upon  which  to  recommend  corrective
action on this issue.  Lastly, a review of the applicant’s DD Form 214
reflects 11 months and 18 days of foreign service which coincides with
the time period he spent in Thailand from 12 May 1972 through 29 April
1973.  In view of this information, the  Board  believes  his  records
accurately reflect his time on station  in  Thailand  and  no  further
correction is required with respect to this  issue.   However,  should
the  applicant  provide  additional  documentation  concerning   these
issues, the Board  may  be  willing  to  review  the  application  for
possible reconsideration.  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 AFBCMR Docket Number BC-
2005-01014 in Executive Session on 28 June 2005  and  18 August  2005,
under the provisions of AFI 36-2603:

                       Ms. Cathlynn B. Sparks, Panel Chair
                       Mr. Albert C. Ellet, Member
                       Mr. Michael J. Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, 21 Mar 05, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPAPP, dated 13 May 05.
      Exhibit D. Letter, SAF/MRBR, dated 20 May 05.




                             CATHLYNN B. SPARKS
                             Panel Chair

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