RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02338
INDEX CODE: 110.00
XXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 Jan 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, be amended to reflect the Vietnam Expeditionary Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never in TDY status to Vietnam; however he did fly missions from
Dover AFB, DE into Tan Son Nhut AB, Vietnam. His flight orders were always
classified.
In support of his application, the applicant submits copies of his flight
orders and a personal travel log. The applicant’s submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force in the grade of airman
basic (E-1) on 20 May 1964. Records reflect foreign service in England,
Germany and the Philippines. On 31 August 1974, the applicant was relieved
from active duty and was retired in the grade of technical sergeant
effective 1 September 1974. Applicant was credited with 20 years, 7 months
and 1 day of total active duty service for basic pay and 20 years, 6 months
and 13 days active service for retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends the application be denied. DPAPP states there are no
documents in the applicant’s master personnel records that confirm flights
into Vietnam. DPAPP requested the applicant provide documents that would
indicate his TDY to Vietnam. Applicant responded that he did not have
documents showing TDYs to Vietnam. The DPAPP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 September 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and response. 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 available
records, we found no evidence that the applicant is eligible for the award
of the Vietnam Expeditionary Medal. Applicant’s contentions are duly
noted; however, we do not find these assertions sufficiently persuasive to
override the rationale provided by the Air Force. He has been asked to
provide supporting documentation to substantiate his flights to Vietnam but
was unable to provide these documents. Should the applicant provide
documents to verify his flights into Vietnam, we would be willing to
reconsider his petition. Absent such evidence, we agree with the
recommendation of the Air Force and adopt the rationale expressed as the
basis for our decision that the applicant has failed to sustain his burden
that he has suffered either an error or an injustice. Therefore, we find
no 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 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 1 November 2005, under the provisions of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. James W. Russell, III, Member
Ms. Olga M. Crerar, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2005-02338:
Exhibit A. DD Form 149, dated 20 Jul 05 w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 23 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 30 Sep 05.
MARILYN M. THOMAS
Vice Chair
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