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AF | BCMR | CY2006 | BC-2005-02961
Original file (BC-2005-02961.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02961
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  31 MAR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records reflect he served in Vietnam and that he be awarded the  Vietnam
Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is suffering with Type II Diabetes which  is  associated  with  herbicide
exposure from agent-orange that he received during the time period 2  August
1963 through 2 September 1963.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 23 June 1961, the applicant enlisted in  the  Regular  Air  Force  for  a
period of four years in the grade of airman basic.

On 22 June 1965, the applicant was honorably  discharged  in  the  grade  of
airman first class under the provisions of AFR 39-10 -  Expiration  Term  of
Service.  He served four years of total active duty service.

The applicant’s DD Form 214, Armed Forces of the  United  States  Report  of
Transfer or Discharge, indicates he received the following  decorations  and
medals:  the Small Arms Expert Marksmanship Ribbon and the  Air  Force  Good
Conduct Medal.




On 21 October 2005, AFPC/DPAPP advised  the  applicant  that  there  are  no
documents in his military  personnel  record  that  indicate  he  served  in
Vietnam.  They requested he provide documentation  which  would  verify  the
location and the length of  any  time  spent  in  Vietnam  (i.e.,  Permanent
Change  of  Station  (PCS)  Orders,  Temporary  Duty  (TDY)  Orders,  Travel
Vouchers or Flight Records).  He never responded.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommended denial indicating  there  are  no  documents  in  the
applicant’s master personnel record which verifies  he  served  in  Vietnam.
The applicant spent the majority of his career assigned to  the  9th  Combat
Defense Squadron, Mountain  Home  AFB  in  Idaho.   His  Airman  Performance
Report (APR) written during 1963 makes no reference to any TDY  to  Vietnam.


The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 December 2005, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  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 injustice.  The applicant’s  contentions  are  duly
noted; however, after reviewing the evidence of record  we  agree  with  the
opinion and 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 injustice.  We note there  are  no  documents  in  the  applicant’s
military  personnel  record  which  reflect  he  served  in  Vietnam  (i.e.,
stationed or sent TDY to Vietnam during his tour of duty in the Air  Force).
 Moreover, he has not submitted any documentation to support  his  assertion
that he is  suffering  with  Type  II  Diabetes  which  is  associated  with
herbicide exposure from  agent-orange  that  he  received  during  the  time
period 2 August 1963  through  2  September  1963,  presumably  in  Vietnam.
Should he provide documentation, such as  TDY  orders,  travel  vouchers  or
flight records which show the location and dates of entry into Vietnam,  the
Board would be willing to reconsider his appeal.  Therefore, in the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-
02961 in Executive Session on 7 February 2006, under the provisions  of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. James A. Wolffe, Member

The following  documentary  evidence  pertaining  to  this  application  was
considered:

   Exhibit A.  DD Form 149, dated 8 Sep 05, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP, dated 9 Dec 05, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Dec 05.





                       JAMES W. RUSSELL III
                       Panel Chair


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