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AF | BCMR | CY2008 | BC-2008-00927
Original file (BC-2008-00927.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00927
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded any awards for time served in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, fails to address the issue of his service in Vietnam.

In support of his request, the applicant provided a  copy  of  his  AF  Form
626, Request and Authorization for Temporary Duty – Military.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  21  April  1966  in  the
grade of airman basic.  He was progressively promoted to the grade of  staff
sergeant having assumed that grade effective and with a date of  rank  of  1
August 1968.  The applicant was discharged on 20 January 1970.  He served  3
years and 9 months on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states they  were  unable  to  verify
the applicant’s official time served in Vietnam.  Without the total  Vietnam
service credit, they  are  unable  to  verify  which,  if  any,  awards  the
applicant is entitled.   The  applicant  was  informed  to  send  additional
documentation to verify his length of tour in Vietnam; however, he  did  not
provide any additional documentation.


The complete DPSIDR evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 June 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 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 how long he served in Vietnam.   The  Vietnam
Service Medal requires that  a  member  served  on  temporary  duty  for  30
consecutive days or 60 nonconsecutive days at any time between 4  July  1965
and  28 March  1973,  in  Vietnam,  its  contiguous  waters,  or   airspace,
thereover.  We note a medical document from 5 November 1969 that  shows  the
applicant received care from the  12th  USAF  Hospital,  Cam  Ranh  Bay  AB,
Vietnam.  Should the applicant provide official documentation  (i.e.  travel
voucher) to substantiate how long he was in Vietnam, we would be willing  to
reconsider his appeal.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought.

_________________________________________________________________

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-2008-
00927 in Executive Session on 16 September 2008,  under  the  provisions  of
AFI 36-2603:

                 Mr. Joseph D. Yount, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 March 2008, w/atch.
   Exhibit B.  Applicant's Master Personnel Record.
   Exhibit C.  Letter, AFPC/DPSIDR, dated 17 June 2008, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 27 June 2008.





                 JOSEPH D. YOUNT
                 Panel Chair

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