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AF | BCMR | CY2008 | BC-2008-00607
Original file (BC-2008-00607.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00607
            INDEX CODE:  100.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, be corrected to show he served in Vietnam from  3 Mar  67  to  23
May 67 (2 months and 20 days).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The company clerk did not type the time served on his DD Form 214.   He  has
cancer and would take pride in showing his Vietnam service before he dies.

In support of the application, the applicant submits copies of his  DD  Form
214, Temporary Duty (TDY) orders, military aircraft  ticket,  baggage  check
and boarding pass, travel voucher, and shot record.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 24 Nov 67, the applicant  was  honorably  discharged  and  released  from
military service for Convenience of the Government.  He had served 3  years,
11 months and 29 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP states the applicant's master  personnel  records  contain  no
documentation that mentions or verifies any Vietnam  service.   DPAPP  notes
that item 22c, Foreign and/or Overseas Service, on his DD Form 214  was  not
completed.   However,  he  did  provide  some  documentation  verifying  his
Vietnam service in the form of a TDY order and a subsequent travel voucher.

The TDY order indicates  he  served  a  period  of  approximately  179  days
(though he contends  he  served  only  82  days).   The  travel  voucher  he
submitted was nearly unreadable and he has not provided a legible  copy,  as
requested.  DPAPP determined he received reimbursement for meals due to non-
availability at Pleiku AB,  Vietnam.   Further,  the  Air  Force  Historical
Research  Agency  verified  that  "Operation  Skyspot"  did  take  place  in
Vietnam.  DPAPP has  verified  to  their  satisfaction  his  "boots  on  the
ground” service in Vietnam; however, they were  unable  to  confirm  exactly
how  long  he  actually  served  there  and  therefore  do  not  provide   a
recommendation.

However, if the Boards decision is to grant the relief sought  then  his  DD
Form 214, item 22c, Foreign and/or Sea Service, should be corrected to  show
four months and two days in the appropriate blocks.

The complete DPAPP 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 18  Apr
08 for review and comment within 30 days.  As of this date, this office  has
received no response (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice.  Although the exact number of  days  the
applicant served in Vietnam is not known, we  agree  with  the  opinion  and
rationale provided by the Air Force office of primary  responsibility  (OPR)
that the applicant did, indeed, serve in Vietnam.  Evidence provided by  the
applicant coupled with the Historical Research Agency’s  validation  of  the
mission he was supporting figured prominently in  our  decision  as  it  did
with the Air Force OPR.  We note the  applicant’s  request  is  two-fold  in
that he  desired  his  record  to  reflect  not  only  Foreign  Service  but
specifically service  in  Vietnam.   Unfortunately,  specific  locations  of
Foreign Service were not noted on  a  DD  Form  214  during  his  period  of
service except in those instances where  members  were  awarded  decorations
for service in a specific theater.  In the applicant’s case, it  appears  we
and the Air  Force  agree  that  he  served  in  Vietnam  for  at  least  60
consecutive days between the dates of 4 July 1965 and 28 March 1973  and  he
is therefore eligible for award of the Vietnam  Service  Medal  (VSM).   The
award of the VSM would be noted on his DD Form 214, Block 24  and  therefore
fulfills his two-fold request for relief.  Therefore, we recommend that  the
records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a. Block 22c of his DD Form 214, Armed Forces  of  the  United  States
Report of Transfer or  Discharge,  reflect  four  months  and  two  days  of
Foreign Service.

      b. Block 24 of his DD Form 214, Armed  Forces  of  the  United  States
Report of Transfer or Discharge, reflect the award of  the  Vietnam  Service
Medal.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-00607
in  Executive  Session  in  Executive  Session  on  17 July  08,  under  the
provisions of AFI 36-2603:

      Mr. Wallace F. Beard Jr., Panel Chair
            Mr. Anthony P. Reardon, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 28 Jan 08, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPAPP, dated 3 Apr 08, w/atch.
      Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 08.




      WALLACE F. BEARD JR.
      Panel Chair



AFBCMR BC-2008-00607



MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116) it is directed
that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

            a. Block 22c of his DD Form 214,  Armed  Forces  of  the  United
States Report of Transfer or Discharge, reflect four months and two days  of
Foreign Service.

           b. Block 24 of his DD Form  214,  Armed  Forces  of  the  United
States Report of Transfer or Discharge, reflect the  award  of  the  Vietnam
Service Medal.




      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency


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