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AF | BCMR | CY2008 | BC-2007-02454
Original file (BC-2007-02454.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02454
            INDEX CODE:  113.00

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given credit for time served in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Report of Separation from Active  Duty,  does  not  reflect
time served in Vietnam.

In support of his request, the applicant provided a copy of his DD Form  214
and documentation extracted from his medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 13 August 1976  applicant  was  honorably  discharged  in  the  grade  of
sergeant after serving 11 years, 2 months, and 20 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.   DPAPP  states  based  on  a  review  of  the
applicant’s master personnel record no documentation could  be  found  which
shows he served in Vietnam.  Applicant was  asked  to  contact  any  of  his
friends that served with him to see if they might verify his claim  that  he
served in Vietnam.  He has not furnished sufficient documentation  that  can
be used to confirm time served in Vietnam.  There are no records which  show
a place and time the applicant was on the ground in Vietnam.





AFPC/DPAPP’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 January 2008, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   As  of  this  date,  this
office has received no 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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after reviewing the evidence of record  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.   There  are
no documents in the applicant’s military personnel record which  reflect  he
served in Vietnam (i.e., stationed or sent TDY to Vietnam  during  his  tour
of duty in the Air  Force).   We  took  note  of  his  brother’s  supporting
statement;  however,  we  do  not  find  the  comments   contained   therein
sufficiently persuasive in  this  matter.   Absent  some  sort  of  official
documentation showing service in Vietnam or a statement from  an  individual
who actually served in-country with the applicant we are  not  compelled  to
recommend granting the relief requested.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-
02454 in Executive Session on 27 February 2008, under the provisions of  AFI
36-2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Ms. Dee R. Reardon, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 August 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP, dated 7 January 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 11 January 2008.
   Exhibit E.  Letter, Applicant, undated.




                       MICHAEL J. MAGLIO
                       Panel Chair

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