RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03974
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 1 JUNE 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Block 30 of his DD 214 be amended to read “Vietnam: Yes.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
He performed numerous temporary duty (TDY) assignments to Vietnam while
permanently assigned in the Philippines.
In support of his request, he has provided copies of his travel vouchers.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 Jul 72, the applicant was honorably discharged and released from
active duty in the grade of Sergeant. Applicant was credited with 3 years,
8 months and 21 days of active duty service, to include 1 year and 6 months
of Foreign Service.
On 14 Feb 07,the applicant was notified by the Air Force office of primary
responsibility that they had verified his entitlement to the Vietnam
Service Medal (VSM), the Republic of Vietnam Gallantry Cross w/Palm (RVGC
w/P), and the Air Force Outstanding Unit Award w/valor and 1 Oak Leaf
Cluster (AFOUA w/V (1OLC).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRY recommends denial. DPPRY states Air Force Manual 35-5 (C1),
Separation Documents and General Separation Procedures, dated 31 Dec 71,
Table 2, Item 29, states “PCS assignment to Indochina, Vietnam, or Korea on
or after 5 Aug 64 will insert “Indochina – Yes; Vietnam – Yes; Korea – No.”
There is no evidence in the applicant’s record that he performed a
permanent change of station (PCS) to Vietnam. Although his records
indicate he was TDY to Vietnam, the specific item in table 2 of the
aforementioned referenced manual was to differentiate between members who
were PCS to Vietnam and those who were TDY, for the purpose of receiving
certain VA benefits.
The complete DPPRY evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response dated 23 May 07, the applicant states he is not contesting
the fact that he was not stationed in Vietnam on a permanent basis;
however, as his records clearly indicate, he spent considerable time in
Vietnam between 1969 and 1971 on temporary duty assignments. He disagrees
with the statement in the advisory opinion that the 1971 Air Force Manual
35-5 on separation procedures was written to differentiate between Air
Force members for the purpose of receiving certain VA benefits. It was not
until the passage of the Agent Orange Act, in the early 1990’s, that the VA
began to recognize certain disabilities as related to service in Vietnam.
Further, the VA makes no distinction between PCS and TDY service in
Vietnam.
He states that while he recognizes that Air Force Manual 35-5 is a
procedural guideline that was followed in preparing military separation
documents, given the amount of time he spent in Vietnam to include close
proximity to combat and the awards of the Vietnam Service Medal, the
Republic of Vietnam Gallantry Cross with Palm, and the Air Force
Outstanding Unit Award (1 OLC), he believes it would be reasonable and fair
to amend his DD 214 to reflect his service in Vietnam.
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. We note the applicant’s response
regarding the comments from the Air Force office of primary responsibility;
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-2006-03974 in
Executive Session on 19 July 2007, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Teri G. Spoutz, Member
Ms. Patricia R. Collins, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Dec 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPRY, dated 9 May 07.
Exhibit D. Letter, SAF/MRBR, dated 19 May 07.
Exhibit E. Letter, Applicant, dated 22 Jun 07.
MICHAEL K. GALLOGLY
Panel Chair
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