RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02264
                                             INDEX CODE:  113.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  16 January 2009


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be  corrected  to  reflect  his  actual  in-country  service  in
Vietnam from 1969-1970.

________________________________________________________________

APPLICANT CONTENDS THAT:

While applying for Veterans  Administration  (VA)  benefits,  he  discovered
that his DD Form 214 and other military  records  do  not  reflect  the  few
times he  spent  on  the  ground  in  Vietnam  in  an  aircraft  maintenance
capacity.  Although his official assignment was  Ubon,  AFLD,  Thailand,  he
recalls receiving, on at least one occasion, the extra pay  associated  with
service in Vietnam, and his Air Force pay records should  provide  proof  of
this.

He is now finding out that various VA benefits are  predicated  upon  actual
in-country Vietnam service, even though he was awarded a Bronze  Star  Medal
(BSM) for his Southeast Asia (SEA) service and his DD Form 214 shows he  was
awarded the Vietnam Service Medal (VSM).

In support of his appeal, he has provided  copies  of  an  undated  personal
statement, and a  DD  Form  215,  Correction  to  DD  Form  214,  Report  of
Separation from Active Duty, dated 19 March 1975.

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

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STATEMENT OF FACTS:

Upon completion of OTS, the applicant entered the Regular Air  Force  on  18
March 1966, and served as an avionics officer until his release from  active
duty in the grade of captain on 8 March 1970.  His records reflect  that  he
was credited with 11 months and 17 days of Foreign  and/or  SEA  service  in
Thailand from March 1969 through March 1970.  His DD Form 214 reflects  that
he is entitled to wear the VSM with one (1) Bronze Service Star (BSS).   His
records also indicate he was awarded the BSM for meritorious  service  while
serving with friendly forces engaged in armed conflict against  an  opposing
force for the period 21 March 1969 to 4 March 1970.

Although the VSM was awarded to all members  of  the  Armed  Forces  of  the
United States serving at any time between 4 July 1965 and 28 March  1973  in
Vietnam, its contiguous waters, or airspace thereover, it was  also  awarded
to all members of the Armed Forces of the United States serving at any  time
between 4 July 1965 and 28 March 1973 in Thailand,  Laos,  or  Cambodia,  or
the airspaces thereover, and in direct support of operations in Vietnam.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial since there is no evidence  the  applicant  was
TDY into Vietnam.  His records do show that he was assigned to  Ubon,  AFLD,
Thailand, during his tour of duty in SEA.   Since  they  cannot  verify  any
foreign service without a source document showing the actual  location,  and
since military pay and travel records are only kept for a period of  6 years
and 3 months, they asked him on 10 August 2007 to check his  personal  files
to see it he could locate any documents showing that he was on any  type  of
orders stating that he was TDY into Vietnam; however,  they  state  that  he
did not respond to their request.

The AFPC/DPAPP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant stated that he was disappointed that the Air Force  could  not
verify his flights into Da Nang AFB during the Vietnam  War  since  his  pay
records are no longer in the archives.  He stated that  he  was  there,  was
paid for it, and that they took fire from the ground on approach,  and  this
is something that you don’t forget.

He received a Bronze Star for his service in SEA which may have  taken  this
service in Vietnam into account.  He hopes that he is given the  benefit  of
doubt since the Air Force does not have  copies  of  his  pay  records,  and
since it is certainly reasonable to conclude that he  was  there  given  his
service nearby and the fact there are no  official  records  to  verify  his
position.  It was never  a  question  in  his  mind  since  he  thought  the
campaign medal he received was part and parcel of service in Vietnam.



The applicant’s complete response is at Exhibit E.

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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 their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.   The
applicant has not provided any documentation, nor are  there  any  documents
in his Master Personnel Record, that show he was ever  TDY  or  actually  in
Vietnam.  Should the applicant provide such documentation, the  Board  would
reconsider his request.  Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought in this application.

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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-2007-02264
in Executive Session on 6 November 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. James W. Russell, III, Panel Chair
                       Mr. Joseph D. Yount, Member
                       Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jul 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 28 Sep 07, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 07.
    Exhibit E.  Letter, Applicant, dated 10 Oct 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair