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AF | BCMR | CY2006 | BC-2005-03421
Original file (BC-2005-03421.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03421
            INDEX CODE:  100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  12 MAY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD  Form  214,  Report  of  Separation  from  Active  Duty,  be
corrected to reflect credit for serving  in  the  Vietnam  and  the
Persian Gulf Wars.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force destroyed his records showing that he completed tours
of temporary duty (TDY) in Vietnam and the Persian Gulf.  He served
in Vietnam from 1971 to 1972; and the Persian Gulf in 1991.

He served during the Vietnam War while assigned to the states,  and
he would only be sent to Vietnam for  89  days  at  a  time  so  no
records would list him as being TDY or permanent party in  Vietnam.
He was serving along the DMZ, doing incursion rescue missions.   At
the time he was not authorized any Vietnam medals  because  he  was
under Top Secret orders.

He retired at the end of the first Persian Gulf War as soon  as  he
got back from the states.   At  that  time  no  medals  were  being
issued.  The only document he has is a copy of his DD Form 214 that
reflects his service over there.

In support of his appeal, applicant submitted a personal statement;
a  copy  of  court  case   file   against   the   Social   Security
Administration  (SSA)  for  disability  and  disability   insurance
benefits; CRSC approval letter, dated  15  Jan  04;  Department  of
Veterans Affairs (DVA) claim rating decision, dated 22 Jul 04,  and
other supporting documents.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on  22  Mar  71  and  had  continuous
honorable service until his retirement effective 1 Jul 91.  He  was
progressively promoted to the grade  of  master  sergeant  with  an
effective date and date of rank of 1 Nov 89.  He was credited  with
20 years, 3 months, and 9 days of active duty service.  Item  12(f)
of his DD Form 214, Certificate of Release or Discharge from Active
Duty, dated 30 Jun 91, Foreign Service is listed as zero.

He was awarded the Air Force Commendation  Medal,  w/Two  Oak  Leaf
Clusters  (2OLCs),  Air  Force  Outstanding  Unit  Award   (AFOUA),
w/4OLCs, Air Force Good Conduct Medal,  w/5OLCs,  National  Defense
Service Medal, w/Bronze Service Star, Air Force  Longevity  Service
Ribbon, w/4OLC, USAF NCO Professional Military  Education  Graduate
Ribbon, and the Air Force Training Ribbon.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP reviewed  this  application  and  recommended  denial
stating, in part, that there are no source documents  that  confirm
service in Vietnam or the Persian Gulf  AOR.   There  were  no  TDY
orders, travel vouchers or  any  other  documents  that  shows  the
applicant was in Vietnam or the Persian Gulf AOR.  His  record  has
no evidence of him ever being overseas PCS or  TDY.   Additionally,
none of his airman performance reports make any  reference  to  him
ever being deployed to Vietnam or the Persian Gulf AOR.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 28 Dec 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  The applicant contends that he completed TDYs in Vietnam and
served in support of the Persian Gulf War.   He  provided  evidence
reflecting service connected  disability  from  the  DVA;  however,
based  on  the  evidence  of  record  and  that  submitted  by  the
applicant, there is no evidence to substantiate that the  applicant
was ever TDY or deployed to Vietnam or in  direct  support  of  the
Persian Gulf War; i.e., TDY orders and travel vouchers.  Therefore,
we are unable to determine his eligibility for any awards  that  he
might be entitled  to  for  such  service.   Should  the  applicant
provide documentation  to  substantiate  his  claim,  we  would  be
willing to reconsider his petition.  In view of the above, 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 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-2005-03421 in Executive Session on 22 February 2006,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

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




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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