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AF | BCMR | CY2008 | BC-2007-02181
Original file (BC-2007-02181.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02181
            INDEX CODE:  113.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED

___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed  Forces  of  the  United  States  Report  of
Transfer or Discharge, issued 5 Jul 73,  be  corrected  to  reflect
service in the Republic of Vietnam.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was assigned to Det 1, Special Operations and flew missions into
Cambodia, Laos, and Vietnam, while on temporary duty (TDY).

In support of  his  appeal,  applicant  submitted  a  copy  of  his
DD Form 214, issued on 5 Jul 73.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  27  Jun  69  for  a
period of four  years  in  the  grade  of  airman  basic.   He  was
progressively promoted to the grade of sergeant (E-4).

AF Form 7, Airman Military Record, reflects applicant was stationed
in Thailand from 4 Feb 71 through 4 Feb 72.

He was awarded  the  Vietnam  Service  Medal  (VSM),  the  National
Defense Service Medal (NDSM), the  Air  Force  Good  Conduct  Medal
(AFGCM), and the Republic of Vietnam Campaign Medal (RVCM).

Applicant  was  honorably  released  from  active  duty  under  the
provisions of AFM 39-10, and transferred to the Air Force  Reserve.
He was credited with 4 years and 9 days  of  active  duty  service.
Applicant’s DD Form 214, issued 5 Jul  73,  reflects  in  Item  30.
Remarks Section; Indochina: “YES,” RVN: “NO,” KOREA: “NO.”

He was honorably discharged from the Air  Force  Reserve  effective
26 Jun 75, under the  provisions  of  AFR  35-41  and  furnished  a
DD Form 256AF, Honorable Discharge Certificate.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAAP reviewed this  application  and  recommended  denial.
Based on a review of the applicant’s master personnel record,  they
could not find any documents that reflect applicant  was  TDY  into
Vietnam.  His record does show he was assigned to  Thailand  during
his tour of duty in South  East  Asia.   They  requested  applicant
check his personal files to locate any documents or orders  showing
he was TDY to Vietnam, Laos,  or  Cambodia;  however,  he  did  not
respond.

HQ AFPC/DPAAP’s complete evaluation, with attachment, 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, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.  The Board noted  DPAAP  requested
applicant check his personal  files  to  locate  any  documents  or
orders showing he was TDY to Vietnam, Laos, or  Cambodia;  however,
he  did  not  respond.   Should  the  applicant   provide   further
documentation to substantiate his eligibility for service credit in
the Republic of Vietnam, we would  be  willing  to  reconsider  his
petition.  In view of the above, we  find  no  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 Docket  Number
BC-2007-02181 in Executive Session on 4 December  2007,  under  the
provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.   Letter,       HQ  AFPC/DPAPP,  dated  14  Sep  07,
w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Sep 07.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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