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AF | BCMR | CY2007 | BC-2006-03234
Original file (BC-2006-03234.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03234
            INDEX CODE:  100.00
      JAMES E. FLETCHER      COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  23 APRIL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he was in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His flight to Thailand landed in Vietnam for refueling.   During  the  stop,
he had to exit the plane; however, this entry  was  omitted  on  his  travel
voucher (T-6353).  He is a chronically ill herbicide patient.  The only  way
the VA will compensate him  for  treatment  is  if  his  travel  voucher  is
corrected to show the plane landed in Vietnam.  The travel  voucher  entries
show departure on 10 Oct at 2000 and arrival at Bangkok, Thailand on 12  Oct
at 0930 and appear as a two day non-stop flight.

In support of the application, the applicant submits a copy  of  his  travel
voucher T—6353 and a copy of his problem list (incomplete) from the VA.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was honorably discharged from active duty service  on  16  Apr
71 in the grade of sergeant.  He had served  six  years  and  five  days  on
active duty to include two years  and  two  months  of  foreign  and/or  sea
service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP recommends denial.  DPAPP states there  are  no  documents  in
the applicant’s master personnel record that show he was  ever  in  Vietnam.
The travel voucher he refers to does not include any landings  or  refueling
stops in Vietnam.

The complete DPAPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 12 Feb  07,  the  applicant  reiterates  much  of  his
earlier contentions and adds that he is an Agent Orange  victim.   He  would
like to know where he can obtain information which shows the flight  he  was
on stopped in Vietnam  for  refueling.   He  also  included  copies  of  his
performance reports and personnel actions.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

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.   The  applicant’s  contentions  are  duly
noted; however, we agree with the opinion and recommendation  of  Air  Force
office of primary responsibility and adopt its rationale as  the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  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 this application in  Executive
Session on 4 April 2007, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Renee M. Collier, Member
      Ms. Judith B. Oliva, Member

The following documentary evidence was considered in AFBCMR BC-2006-03234:

    Exhibit A.  DD Form 149, dated 17 Oct 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ AFPC/DPAPP Letter, dated 12 Jan 07.
    Exhibit D.  SAF/MRBR Letter, dated 26 Jan 07.
    Exhibit E.  Letter, Applicant, dated 12 Feb 07 w/atchs.




      THOMAS S. MARKIEWICZ
      Chair

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