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AF | BCMR | CY2009 | BC-2008-02452
Original file (BC-2008-02452.docx) Auto-classification: Denied

RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2008-02452

INDEX CODE: 113.00

XXXXXXXXXXXXXXXXX COUNSEL: NONE

HEARING DESIRED: NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect Vietnam service.

________________________________________________________________

APPLICANT CONTENDS THAT:

His records are incorrect.

In support of his appeal, he has provided copies of a notarized statement from a former Air Force member certifying that in April 1965, he was stationed with him at Tan Son Nhut AB, Vietnam, for a period of two weeks while they were awaiting assignments; his final DD Form 214, dated 28 May 1970; and a letter transmitting his application from the North Carolina Department of Administration.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former enlisted member of the Regular Air Force who served a total of 9 years, 11 months, and 2 days of honorable, continuous active duty as a communications center specialist from 27 June 1960 to 28 May 1970. His records reflect that he served an isolated tour at Udorn AB, Thailand, from February 1965 until April 1966, and that he was awarded the Vietnam Service Medal (VSM).

The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the U.S. serving at any time between 4 July 1965 and 28 March 1973, in Vietnam, its contiguous waters, or airspace, thereover, or in Thailand, Laos, or Cambodia, or the airspaces, thereover, and in direct support of operations in Vietnam.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of the requested relief as a thorough review of the applicant’s records failed to provide any evidence, i.e., travel vouchers, flight records, TDY orders, etc., that substantiated any time served in Vietnam.

The AFPC/DPAPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 31 October 2008, for review and comment, within 30 days. However, as of this date, no response has been received by this office.

________________________________________________________________

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, to include the notarized statement from a former Air Force member; however, he has not provided any official documentation, i.e., travel vouchers, flight records, TDY orders, etc., nor are there any official documents in his Master Personnel Record that show he was ever actually in Vietnam. Should the applicant provide such documentation, the Board would reconsider his request. 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 Docket Number BC-2008-02452 in Executive Session on 16 December 2008, under the provisions of AFI 36-2603:

Ms. Charlene M. Bradley, Panel Chair

Mr. Alan A. Blomgren, Member

Mr. Elwood C. Lewis, III, Member

The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 24 Jun 08, w/atchs.

Exhibit B. Applicant's Available Master Personnel Records.

Exhibit C. Letter, AFPC/DPAPP, dated 9 Oct 08, w/atch.

Exhibit D. Letter, SAF/MRBR, dated 31 Oct 08.

CHARLENE M. BRADLEY

Panel Chair

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