RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03610
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, be amended to
reflect that he was in Vietnam for 12 days, rather than Indochina.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is a Vietnam veteran since he was in Vietnam. Despite this, his
government employer has him on Vietnam Era Veteran status, rather than
Vietnam Veteran status.
In support of the appeal, applicant submits his personal statement, a copy
of his DD Form 214, a copy of Temporary Duty (TDY) orders, and his
passport.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former enlisted member who served on active duty during
the period 3 December 1969 through 30 November 1972. He completed 3 years,
11 months, and 28 days of active service. Item 19, Indochina or Korea
Service since August 5, 1964, of the DD Form 214 issued in conjunction with
his 30 November 1973 release from active duty, indicates “yes - 12 Days.”
According to the Office of Personnel Management (OPM) website, a Vietnam-
era Veteran is defined as a person who: (A) served on active duty for a
period of more than 180 days, and was discharged or released there from
with other than a dishonorable discharge, if any part of such active duty
occurred: (I) in the Republic of Vietnam between February 28, 1961, and May
7, 1975; or (II) between August 5, 1964, and May 7, 1975, in all other
cases; or (B) was discharged or released from active duty for a service-
connected disability if any part of such active duty was performed (I) in
the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (II)
between August 5, 1964, and May 7, 1975, in all other cases.
On 3 February 2009, SAF/MRBR advised the applicant the Air Force defines
Indochina as Vietnam, Laos, Cambodia, Thailand, and Burma, and that as
such, there is no justification for changing item 19 of his DD Form 214.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial and states, in part, that although the
applicant provides a copy of a TDY order, it only shows he was projected to
go on the TDY. His records contain no documentation to substantiate his
Vietnam service. They advised the applicant on 16 October 2008, that he
needed him to provide additional documentation confirming his Vietnam
service and he did not respond.
The complete evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13
February 2009 for review and comments, 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. After thoroughly reviewing the evidence
of record and noting the applicant’s contentions, we are not persuaded that
his records are in error or unjust. In this respect, we note that while
the applicant believes the DD Form 214 issued in conjunction with his 30
November 1973 release from active duty should reflect 12 days of service in
Vietnam, rather than Indochina; the term Indochina is inclusive of the
former Republic of Vietnam as well as Laos, Cambodia, Thailand, and Burma.
As such, there exists no basis upon which to recommend favorable
consideration of the requested relief.
________________________________________________________________
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-2008-03610
in Executive Session on 14 May 2009, under the provisions of AFI 36-2603:
Mr. Anthony P. Reardon, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Sep 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, , dated.
Exhibit D. Letter, SAF/MRBR, dated.
ANTHONY P. REARDON
Panel Chair
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