RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00183
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD 214, Report of Separation from Active Duty, be corrected to show service in Vietnam.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was on temporary duty (TDY) to Bien Hoa AB, Vietnam from April to May 1972 while stationed at Ubon RTAFB, Thailand. This error in his records has prevented him from receiving VA benefits for his Agent Orange exposure.
In support of the application, the applicant submits a personal letter, a copy of his military pay statement, a statement from his son, a copy of AF Form 910, Airman Performance Report (APR), copies of emails, a monthly incentive pay chart, a copy of his travel voucher, and a copy of DD Form 214, Report of Separation from Active Duty.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 November 1966 and was progressively promoted to the grade of staff sergeant. On 26 September 1973, he was honorably discharged under the provisions of AFM 39-12, (Unsuitability-Character and Behavior), specifically, for cyclothymic personality disorder, primarily depression, chronic, moderate to severe. He served 6 years, 10 months and 26 days of total active duty service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAPP recommends denial and states there are no documents available that confirm with certainty any service in Vietnam. The applicant's record does reflect 1 year, 9 months and 20 days of foreign service. This period covers part of his overseas service at Hahn AB, Germany, and his tour at Ubon RTAFB, Thailand. He served at Ubon RTAFB, Thailand from 6 September 1971 to 9 September 1972, and it was during this time he indicated he was sent TDY to Bien Hoa AB, Vietnam. In considering the applicant's request, they contacted both the Defense Finance and Accounting Service (DFAS) in Indiana, and the Air Force Historical Research Agency (AFHRA). These agencies were not able to confirm the applicant's presence in Vietnam.
The complete AFPC/DPAPP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states his VA benefits are being denied because of missing/destroyed records, proving his service in Vietnam. He urges the Board to correct this injustice and allow the VA to give him medical treatment for exposure to Agent Orange.
Applicant's complete response 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 an error or an injustice. After a thorough review of the evidence provided by the applicant and his military personnel records, there is insufficient evidence to conclude he served in Vietnam. In regards to the applicant's receipt of combat pay, we note that in 1972, personnel assigned to Vietnam and Ubon RTAFB, Thailand were authorized to receive this additional pay allowance due to the hostile conditions. Therefore, we agree with the opinion and recommendation of the Air Force and adopt its rationale as the basis for our decision the applicant has failed to sustain his burden of having suffered either an error or an injustice. Accordingly, in the absence of evidence to the contrary, the Board finds 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 BC-2009-00183 in Executive Session on 17 June 2009, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jan 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPAPP Letter, dated 27 Apr 09, w/atchs.
Exhibit D. SAF/MRBR Letter, dated 8 May 09.
Exhibit E. Applicant's Response, dated 11 May 09.
Panel Chair
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