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AF | BCMR | CY2007 | BC-2006-03832
Original file (BC-2006-03832.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03832
                                             INDEX CODE:  113.00
      XXXXXXXXXXXXXXX                   COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  1 June 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be given credit for being TDY to Japan and to Vietnam during his  service
in the Air Force.  He  needs  this  credit  in  order  to  be  eligible  for
Veterans Administration (VA) medical care for  possible  exposure  to  Agent
Orange.

________________________________________________________________

APPLICANT CONTENDS THAT:

His squadron was sent TDY to Tachikawa AFB, Japan, and was also  part  of  a
maintenance rotation to Cam Rahn Bay, Vietnam.

He was there in May 1968, and was notified by the Red  Cross  that  his  son
had been born.

His home was burned in 1986, and any proof or  pictures  that  he  had  were
destroyed.

When  he  filled  out  the  VA  paperwork  for  Agent  Orange  exposure,  he
discovered that credit for TDYs to Japan and Vietnam was not on his DD  Form
214.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant served as an aircraft maintenance specialist from 18 October  1965
until his release from active duty on 17 October 1969.  Upon  completion  of
basic and technical training, he spent his entire tour of duty at Shaw  AFB,
SC.  His DD Form 214 reflects credit for six months and one day  of  foreign
and/or SEA service.

Documents contained in his Master Personnel Record reflect  foreign  service
consisting of a 91-day TDY, beginning 10 August  1967,  and  a  90-day  TDY,
beginning 10 May 1969, although it does not indicate the location  of  these
foreign service TDYs.  Additionally, his Airman Performance Report  for  the
period 1 October 1967 through  30 September  1968,  contains  the  statement
”During a recent TDY to the Far East and Southeast  Asia,  he  acted  as….”,
although it also does not indicate the exact location of these TDYs.

________________________________________________________________

AIR FORCE EVALUATION:

APPC/DPAPP  recommends  denial.   There  are  no  documents  in  his  Master
Personnel Record that show the location of any TDYs during his tour of  duty
in the  Air  Force,  and  there  is  also  no  evidence  of  any  Red  Cross
notification.  Documents in his Master Personnel Record do state he was  TDY
to the Far East and South East Asia, but they do not  include  the  location
of these TDYs.

The AFPC/DPAPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  23
February 2007, for review and comment, within 30 days.  However, 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  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.   Although
his Personnel Records do state he was TDY to  the  Far  East  and  Southeast
Asia, they  do  not  indicate  the  location  of  these  TDYs.   Should  the
applicant provide documentation that he was TDY  to  Japan  and/or  Vietnam,
the Board  would  reconsider  his  request.   However,  in  the  absence  of
evidence verifying any TDY to Japan or Vietnam, 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-2006-03832
in Executive Session on 30 April 2007, under the provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 16 Feb 07.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Feb 07.




                                   WAYNE R. GRACIE
                                   Panel Chair

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