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AF | BCMR | CY2007 | BC-2007-01464
Original file (BC-2007-01464.doc) Auto-classification: Denied






                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01464
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 NOV 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he flew a mission into  the  Republic
of Vietnam and he was awarded the Vietnam Service Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He flew missions into Vietnam when he was stationed at Ching Chuan AB,
Taiwan and his DD Form 214, Armed Forces of the United  States  Report
of Transfer or Discharge, does not indicate his service in Vietnam  or
the medal he received.

In support of his request, the applicant submits a copy of his DD Form
214.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records reflect he enlisted in the Regular  Air  Force
on 21 Sep 72, and was  promoted  to  the  grade  of  airman.   He  was
discharged on 25 Sep 75, under the provisions of AFM 39-12, Separation
for Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation or
Request for Discharge for the Good of the Service; and Procedures  for
the Rehabilitation Program, for Unsuitability.  He waived  his  rights
to a hearing  before  an  administrative  discharge  board  and  after
consulting with counsel elected not to submit statements  in  his  own
behalf.

The   applicant   was   discharged   with   an   honorable   discharge
characterization   without   an   opportunity   for   probation    and
rehabilitation.  He served a total of  three  years  and  five  months
active duty service.

His record reflects award  of  the  National  Defense  Service  Medal;
however, no Foreign Service or combat missions in Southeast  Asia  are
recorded.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states, there are no documents in
his record that indicate he flew missions into Vietnam,  nor  evidence
of any service in Vietnam.   He  was  asked  by  DPAPP  to  check  his
personal files to see if he could locate any documents showing he flew
missions into Vietnam, however; he did not respond to their request.

The DPAPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
27 Aug 07, for review and comment within 30 days.  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.  After a thorough review  of  the
applicant’s submission and the available evidence of record, the Board
was not persuaded that he should be awarded the Vietnam Service Medal.
 The Board notes no evidence  was  presented  to  show  the  applicant
actually served in or flew missions into Vietnam.  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 a 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-2007-
01464 in Executive Session on 10 October 2007, under the provisions of
AFI 36-2603:

                 Mr. James w. Russell III, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Clarence R. Anderegg, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Apr07, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memo, AFPC/DPAPP, dated 10 Aug 07.
      Exhibit D. Letter, SAF/MRBR, dated 27 Aug 07.






      JAMES W. RUSSELL III
      Panel Chair


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