RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02277
                                             INDEX CODE:  100.07, 107.00,
                                               113.00
      XXXXXX                                 COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect  award  of  the  Vietnam  Service  Medal
(VSM) and the Small Arms Expert  Marksmanship  Ribbon  (SAEMR),  credit  for
Temporary Duty (TDY) in Vietnam, completion of J60 Engine  formal  training,
and that he be provided copies of documents relating to  his  arrest  during
the Travis AFB race riots in 1972 or 1973.

________________________________________________________________

APPLICANT CONTENDS THAT:

He suffers from Post-Traumatic  Stress  Disorder  (PTSD)  due  to  being  in
Vietnam.  He is suffering an injustice as the Veterans  Administration  (VA)
disputes his claim and is denying him PTSD compensation due  to  conflicting
statements in his military records.

He needs the record corrected to show that he was in Vietnam, a copy of  his
TDY orders, or a letter clarifying his service in  Vietnam  so  the  VA  can
correct their records.  Although the record is correct  in  stating  he  was
never in a Permanent Change of Station (PCS) status in Vietnam,  the  VA  is
misinterpreting this statement.  He submitted copies of his TDY  orders  but
the VA says they do not have them, and tells him he  was  never  in  Vietnam
due to his DD Form 214 remarks section saying no assignment in Vietnam.

He served in Vietnam and was stationed at Cam Ranh  Bay.   The  record  also
fails to show a TDY to Vietnam in February or March 1971.  He was in a fire-
fight in Vietnam while changing an engine on a  C-130A  aircraft  which  was
based in Okinawa, and received hazardous duty  or  combat  pay  during  this
assignment.

He was awarded the VSM and Republic of Vietnam Campaign Medal (RVNCM)  while
TDY to Vietnam.  He told the VA representative that he  received  the  RVNCM
while serving in-country, and was told the medal was given to support  units
serving outside of Vietnam.

During the Travis AFB race riots in 1972 or 1973,  he  was  arrested,  spent
four days in the Air Force jail at Edwards AFB, CA, was severely  abused  by
Security Police, and was acquitted of all charges.  He needs  these  records
to present to the VA for being traumatized and suffering nightmares  due  to
this ordeal.  His arrest was a terrible injustice as he was  at  the  movies
and was arrested and severely roughed-up by  the  Security  Police  when  he
tried to return to the barracks.  He still suffers from the  atrocities  and
abuses he suffered at the hands of the Security Police, and wants copies  of
these records to support his PTSD claim with the VA.

In support of his appeal, he has provided copies of his DD Form  214,  dated
19 April 1973, his DD Form 214, dated 15  December  1975,  his  AF  Form  7,
Airman Military  Record,  and  an  Air  America:   Lockheed  C-130  Hercules
document.

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

________________________________________________________________

STATEMENT OF FACTS:

The  applicant  initially  entered  the  Regular  Air  Force  (RegAF)  on  8
September 1969, and served as a jet engine mechanic until his  discharge  in
the grade of staff sergeant (SSgt – E-5) on 19 April 1973  for  the  purpose
of immediate reenlistment.  His DD Form 214, issued in conjunction with  his
20 April 1973 reenlistment,  indicates  he  completed  Jet  Engine  Mechanic
Course 3ABR43230 in 1970, Jet Engine Mechanic Course 43250 in 1970, and  Jet
Engine Technician (Gas Turbine Comp 85 Series) Course 4AMF43270-33 in  1971.
 He was credited with 1 year and 23 days of Foreign and/or SEA Service,  and
item 30, Remarks, indicates “VIETNAM:  NO”.

The applicant reenlisted in the RegAF on 20 April 1973, and served as a  jet
engine technician (skilled) until his discharge in the grade of SSgt  on  15
December 1975.  His DD Form 214, issued in conjunction with his 15  December
1975  separation,  indicates  he  completed  Course   4AFM43270   in   1971,
Management I in 1974, and OJT Trainer/Visor Course 4AJF75000  in  1973,  and
he is entitled to the Small  Arms  Expert  Marksmanship  Ribbon,  Air  Force
Longevity Service Award, National Defense  Service  Medal,  Vietnam  Service
Medal, Republic of Vietnam Campaign Medal, and the Air  Force  Good  Conduct
Medal with 1 Oak Leaf Cluster.

The Vietnam Service Medal (VSM) is awarded  to  all  members  of  the  Armed
Forces of the United States  (U.S.)  serving  at  any  time  between  4 July
1965 and 28 March 1973, in Vietnam,  its  contiguous  waters,  or  airspace,
thereover, or in Thailand, Laos, or Cambodia, or the  airspaces,  thereover,
and in direct support of operations in Vietnam.  To be  eligible,  a  member
must serve on temporary duty for 30 consecutive days  or  60  nonconsecutive
days,  although  those  time  limitations  may  be  waived   for   personnel
participating in actual combat operations.

The RVNCM (RVNCM) is awarded to members of the Armed Forces of the U.S.  who
served for six months in South Vietnam during the period 1 March 1961 to  28
March 1973, or who served outside the geographical limits of  South  Vietnam
and contributed direct combat  support  to  the  RVN  Armed  Forces  for  an
aggregate of six months.  Only members of the U.S.  Armed  Forces  who  meet
the criteria established for the VSM or the Air  Force  Expeditionary  Medal
(Vietnam) during the period of  service  required  are  considered  to  have
contributed direct combat support to  the  RVN  Armed  Forces.   It  may  be
awarded to those members  who  did  not  complete  the  required  length  of
service but who, during wartime, were wounded by the  enemy  in  a  military
action, captured by the enemy during action or in  the  line  of  duty,  but
later released or rescued, or killed in action or in the line of  duty.   It
may also be awarded to those members who were  assigned  in  Vietnam  on  28
January 1973, and who served a  minimum  of  60  calendar  days  in  Vietnam
during the period 29 January 1973 to 28 March 1973.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of the applicant’s request  that  he  be  given
credit for a TDY to Vietnam during February or March 1971, as there  are  no
documents that prove service in Vietnam.   His  record  shows  that  he  was
assigned to Naha AB, Okinawa, from 31 March 1970 to 24 April 1971, and  they
asked him to check his personal files to see if he could locate any type  of
TDY into Vietnam, but he did not respond to their request.

The AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPPPR also recommends denial of the  applicant’s  request  for  Vietnam
credit, and further recommends the removal of the VSM and RVNCM from his  DD
Form 214, dated 15  December  1975.   The  Directorate  of  Assignments  was
unable to verify any Vietnam TDYs or “boots on the ground” in  Vietnam,  the
applicant submitted no documentation to support his claim,  and  his  Report
of Separation is correct as no assignment in Vietnam  was  verified  in  his
military record.  The applicant’s DD Form 214 already lists the  SAEMR,  and
the VSM and RVNCM appear to have been given for his assignment in Okinawa.

The AFPC/DPPPR evaluation is at Exhibit D.

AFPC/DPSIT recommends denial of the applicant’s request to  correct  his  DD
Form 214 to reflect that he completed J60  Engine  training.   There  is  no
evidence to show completion  of  the  school,  and  the  applicant  did  not
respond to their request for an  official  certificate  or  source  document
showing the technical training course was completed.

The AFPC/DPSIT evaluation is at Exhibit E.

HQ/XIIM has advised that a check of the applicant’s criminal history  within
NCIC shows there were no records pertaining to a military arrest.

The HQ/XIIM advisory is at Exhibit F.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to  the  applicant  on  25
January 2008, for review and comment, within 30 days.  However, 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  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.   If
the applicant can provide documents showing that he was TDY  to  Vietnam  or
that he completed a formal J60 Engine technical course, we  will  reconsider
this portion of his application.  Therefore, in the absence of  evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought in this application.  Notwithstanding the above, although  AFPC/DPPPR
recommends the removal  of  the  VSM  and  RVNCM  from  the  applicant’s  15
December 1975 DD Form 214, we are precluded from making  a  correction  that
is to an applicant’s detriment.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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-2007-02277
in Executive Session on 4 March 2008, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Mr. Garry G. Sauner, Member
                       Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 May 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 19 Oct 07, w/atch.
    Exhibit D.  Letter, AFPC/DPPPR, dated 4 Dec 07.
    Exhibit E.  Letter, AFPC/DPSIT, dated 14 Jan 08, w/atch.
    Exhibit F.  E-mail, HQ/XIIM, dated 17 Jan 08.
    Exhibit G.  Letters, SAF/MRBR, dated 22 and 25 Jan 08.




                                   JAMES W. RUSSELL, III
                                   Panel Chair