RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03634
INDEX CODE: 107.00
COUNSEL: JULIANN BAILEY
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: May 28, 2008
_____________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband’s record be corrected to show he served in Vietnam and
received the Vietnam Service Medal. She is also requesting dependency and
indemnity compensation (DIC) for service connected disability and death
due to Agent Orange exposure during his service time in Vietnam.
_____________________________________________________________
APPLICANT CONTENDS THAT:
Her husband was on temporary duty (TDY) to Vietnam at least five times.
In support of her request, the applicant provided a copy of her late
husband’s DD Form 214, Certificate of Release or Discharge from Active
Duty, and a copy of his death certificate.
The applicant's complete submission, with attachments, is at Exhibit A.
_____________________________________________________________
STATEMENT OF FACTS:
The former member entered active duty 7 May 59 and served 21 years, 3
months, and 24 days. He has 7 years, 7 months, and 16 days of Foreign
Service. The former member was relieved from active duty and retired for
length of service on 31 Aug 80.
His records indicate his Foreign Service was served in The Philippines,
Iceland, Taiwan and England. The Vietnam Service Medal is not listed on
his DD Form 214.
The former member died 11 Jul 02 of lung cancer.
_____________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial based on a lack of evidence to verify service
in Vietnam. The decedent’s records confirm his foreign service in
Iceland, The Philippines, Taiwan, and England. His records do not have
any documents to confirm any temporary duty or flights to Vietnam.
The AFPC/DPAPP complete evaluation, with is at Exhibit C.
_____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 5
Jan 07 for review and comment within 30 days. As of this date, this
office has not received a 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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the 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 Docket Number BC-2006-03634
in Executive Session on 7 February 2007, under the provisions of AFI 36-
2603:
Thomas S. Markiewicz, Chair
Ms. Josephine L. Davis, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, w/Atchs, 20 Nov 06.
Exhibit B. Military Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 22 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 5 Jan 07.
THOMAS S. MARKIEWICZ
Chair
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