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AF | BCMR | CY2007 | BC-2007-02107
Original file (BC-2007-02107.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02107
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Jan 06, 2009

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, be corrected to reflect service in Viet Nam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Vietnam between 1963 and 1964 at Tan  Son  Nhut  Air  Base  and
DaNang Air Base.  He also states he was transferred  to  Tan  Son  Nhut  Air
Base, 1st Mobile Communications Group on 23 Nov 63.

In support of his request, the applicant provided a copy of his DD Form  214
and internet documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 15 Mar 60 and served  for
a period of 3 years, 10 months, and 25 days. He is credited with 1  year,  4
months, and 16 days of Foreign Service.

The applicant’s master personnel records indicate he was assigned  to  Clark
AB, Philippines.   The  records  also  reflect  the  applicant  received  an
Article 15 on 8 May 63 for a curfew violation (Clark  AB).   His  punishment
included a 15-day  base  restriction.   Additionally,  he  received  another
Article 15 on 9 Jan 64 for a curfew violation  (Clark  AB).  His  punishment
included a 30-day restriction to base and a grade reduction to airman  third
class.

The applicant was honorably discharged on 12 Feb 64.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of the request.  DPAPP was unable to  find  any
documents showing  the  applicant  was  assigned  temporary  duty  (TDY)  to
Vietnam; however, his records do indicate he went TDY  to  South  East  Asia
(SEA) but does not indicate the location in SEA.

DPAPP indicated they requested the applicant  provide  additional  documents
but as of this date the applicant has not responded.

The AFPC/DPAPP complete 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 21  Sep
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-2007-02107
in Executive Session on 1 November 2007, under the  provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Debra K. Walker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs dated 26 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPAPP Memorandum, dated 14 Sep 07.
    Exhibit D.  SAF/MRBR Letter, dated 21 Sep 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair






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