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AF | BCMR | CY2007 | BC-2005-01623
Original file (BC-2005-01623.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01623
            INDEX CODE:  100.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  1 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Block 30 of his DD 214 be corrected to read “Vietnam Yes.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

“No” Vietnam service should read “Yes” and should be on his DD  214  from  6
Dec 65 until 5 Dec 69.  He was awarded the Vietnam Service  Medal.   He  has
no supporting evidence except a letter from Major General  M.  J.  Ingelido,
who was the PACAF, Vice Commander during that time.  He was assigned  as  an
advisor to the Thai Air Force.  He was unaware that his TDY’s  were  not  on
record.

In support of the application, the applicant submits a staff  summary  sheet
and letter from HQ AFPC/DPAPP, a letter and release consent from the  VA,  a
support letter from and biography of Major General Ingelido, his initial  DD
149, copies of his DD 214s, and a letter from his congressman.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 Jan 73, the applicant was honorably discharged from  the  Regular  Air
Force.  He retired in the grade of technical sergeant (E-6).  He  served  20
years 4 months and 7 days of active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP recommends granting the applicant’s request  as  an  exception
to policy.  DPAPP states Air Force Manual 35-5 directs that  a  member  must
have a Permanent Change of Station (PCS) to Vietnam to have the  word  “yes”
entered on their DD 214.  The applicant was not PCS to Vietnam; however,  he
did have “Boots on the Ground” at Tan Son Nhut, Vietnam, in  the  spring  of
1967.  This fact is confirmed by  a  memo  from  Major  General  Michael  J.
Ingelido, USAF Retired.

The complete DPAPP evaluation is at Exhibit C.

HQ AFPC/DPPRY recommends denial.  DPPRY states  AFM  35-5  (C1),  Separation
Documents and General Separation Procedures dated 31 Dec 71, Table  2,  Item
20, declares that “PCS assignment to Indochina,  Vietnam,  or  Korea  on  or
after 5 Aug 64” you will insert “Indochina – Yes; Vietnam  –  Yes;  Korea  –
No.”  DPPRY opines this item was  specified  in  table  2  to  differentiate
between members that were actually PCS to Vietnam and those who were TDY.

DPPRY states there is no evidence in the applicant’s military  records  that
indicates he had PCS’d to Vietnam.  However, his  record  indicates  he  was
TDY to Vietnam while serving an unaccompanied short tour to Thailand  (1 Dec
66 – 22 Nov 67).

The complete DPPRY evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  15
Dec 06 for review and comment within 30 days.  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.  We note the applicant’s  submission  of  a
statement from a retired general officer confirming he was  in  Vietnam  and
the  recommendation  from  HQ  AFPC/DPAPP  to  approve  the  request  as  an
exception to policy based on this statement.  However,  we  agree  with  the
opinion and recommendation of HQ AFPC/DPPRY and  adopt  their  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error or injustice.  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  BC-2005-01623  in
Executive Session on 31 January 2007, under the provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Jan Mulligan, Member
      Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ AFPC/DPPRSP Letter, dated 17 Nov 06.
    Exhibit D.  HQ AFPC/DPPRY Letter, dated 4 Dec 06, w/atch.
    Exhibit E.  SAF/MRBR Letter, dated 15 Dec 06.




      MICHAEL J. MAGLIO
      Panel Chair

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