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AF | BCMR | CY2008 | BC-2008-01094
Original file (BC-2008-01094.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01094
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect  his  service  in  Indochina/SEA  in
order to qualify for Department of Veterans Affairs (DVA) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was exposed to Agent Orange during his service in Vietnam.

In support of his request, the  applicant  provided  a  personal  statement,
three DD Forms 214 (effective 2 September 1970;  2 September  1973,  and  31
August 1975), AFMPC Form 45 (Retirement Order), and  AF  Forms  911  (CMSGT,
SMSGT and MSGT Performance Report).

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

His DD Form 214, effective 2 September 1970, reflects 5 months and  19  days
of foreign  service  while  assigned  to  the  51  Armament  and  Electrical
Maintenance Squadron, Naha AB, Okinawa.

His AF Form 911, dated 16 June 1970, includes a statement that  he  assisted
in the development of 183 trainers assembled at Lowry AFB for  the  Republic
of Vietnam Air Force under Pacer Bravo and was complimented for his work  by
the Military Assistance Command, Vietnam.

His AF Form 7 (Airman Military Record) reflects his assignment to  Naha  AB,
Okinawa, from 14 October 1964 to 6 January 1967.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP reviewed the applicant’s  request  and  recommends  denial  as
they have no documents that reflect any service in  Vietnam.   His  DD  Form
214 for the period of 3 September 1966 to
2 September 1970 reflects 5 months and 19 days of foreign service,  but  the
only document that corresponds to this period is his APR while  assigned  to
the 51 Armament and Electrical Maintenance Squadron, Naha AB, Okinawa.   His
AF Form 911, dated 16 June 1970, while  assigned  to  the  3415th  Technical
School, Lowry AFB,  CO,  includes  a  statement  that  he  assisted  in  the
development of 183 trainers assembled at  Lowry  AFB  for  the  Republic  of
Vietnam Air Force under Pacer Bravo and was complimented  for  his  work  by
the Military Assistance  Command,  Vietnam;  however,  it  does  not  verify
service in Vietnam.  DPAPP can account for 4 months and 6 days,  but  cannot
determine where the other 1  month  and  13  days  of  foreign  service  was
performed.  DPAPP states that the time period does not fit  the  applicant’s
indication of when he was in Vietnam (7-10 days).

The complete DPAPP evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by saying that  he  did  not  keep  a  copy  of  the
certificate received from MAC/Vietnam.  Delays at Newark and RAF  Lakenheath
determined the date of his arrival at Upper Heyford on 23 July  1970,  which
accounts for 1 month and 11 days  of  the  1  month  and  13  days  that  HQ
AFPC/DPAPP could not account for.  He believes that he  is  a  victim  of  a
personnel error and requests that the Board approve his request.

His complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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.   Therefore,
in the absence of evidence to the contrary, we find no compelling  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-2008-
01094 in Executive Session on 24 July 2008, under the provisions of AFI  36-
2603:

      Ms. BJ White-Olson, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Garry G..Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 March 2008, w/atchs
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 22 April 2008
    Exhibit D.  Letter, SAF/MRBR, dated 13 June 2008
    Exhibit E.  Letter, Applicant, dated 28 June 2008




                                   BJ WHITE-OLSON
                                   Panel Chair

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