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AF | BCMR | CY2009 | BC-2008-02133
Original file (BC-2008-02133.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02133
            INDEX CODE:  100.00
            COUNSEL:  NONE
            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation From Active Duty, be amended  in  item
19, Indochina or Korea Service since August 5, 1964, to reflect "YES."

_________________________________________________________________

APPLICANT CONTENDS THAT:

He performed duties in Indochina in South Vietnam but the personnel  officer
at the time of his discharge had it in for him and removed  all  proof  from
his records.

In  support  of  his  request,  the  applicant  provided  a  DD  Form   293,
Application for the Review of discharge from the Armed Forces of the  United
States.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 8 October 1971, the applicant enlisted in  the  Regular  Air  Force.   He
served as a Construction Equipment Operator.

On 7 October 1975, he was honorably  discharged  from  active  duty  in  the
grade of sergeant.  He served four years on active duty.

His DD Form 214 reflects 1 year, 8 months, and 26 days of  foreign  service.
AF Form 1712, Uniform Military Personnel Record, reflects  he  was  assigned
at Aviano AB Italy from 31 March 1972 until his arrival at Scott AFB, IL  on
18 January 1974.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states the applicant  did  not  provide
any documentation showing he served in Vietnam.  Also, after  reviewing  his
record there is no evidence showing he served  in  Vietnam.   DPAPP  sent  a
follow-up letter to  the  applicant  on  27 June  2008  asking  for  further
documentation and has not received a response.

The complete DPAPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 September 2008,  a  copy  of  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 thoroughly reviewing his submission and  the  evidence
of record, there is no indication in his military personnel record  that  he
served in Vietnam.  Therefore, 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.  Should he  provide  official  documentation  that
would substantiate his claim, we would be willing to reconsider his  appeal.
 In the absence of such evidence 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-
02133 in Executive Session on 18 November 2008, under the provisions of  AFI
36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Mr. Jeffery R. Shelton, Member
                 Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 June 2008, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP, dated 16 September 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 19 September 2008.





                 GREGORY A. PARKER
                 Panel Chair

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