RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00567
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband's records be changed to reflect:
1. His foreign service in Vietnam on his DD Form 214.
2. The fourth and fifth digit of his social security number be
changed to reflect 34 rather than 32. (administratively
corrected)
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband's DD Form 214 does not reflect his correct
social security number and Vietnam foreign service.
In support of her request, the applicant provides a copy of her
late husband's DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge, his death certificate and a
letter from the Agent Orange Administration.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former service member contracted his initial enlistment in
the Regular Air Force on 6 Feb 59. He was progressively promoted
to the grade of airman third class having assumed the grade
effective and with a date of rank of 10 Oct 61. He was honorably
discharged on 4 Dec 62. He served 3 years, 7 months and 29 days
on active duty. He had two years, one month and seven days of
foreign service. His AF Form 7, Airman Military Record, reflects
he had foreign service in Japan.
On 19 Apr 08, AFPC/DPAPP requested the applicant provide
documentation showing her late husband served in Vietnam. She did
not respond.
On 8 Sep 09, AFPC/DPSSRP informed the applicant that her late
husband's social security number will be corrected
administratively.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAPP recommends denial. DPAPP states there is no
evidence in the former service member's record to reflect he was
assigned or on temporary duty in Vietnam.
The AFPC/DPAPP complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states she does not believe her husband served in
Vietnam but, she does remember him telling her that he helped
wash-off airplanes that had been dropping bombs and that is how
he was exposed to Agent Orange.
_________________________________________________________________
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 regarding his
request to have his Vietnam service reflected on his DD Form 214.
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
(OPR) and adopt its rationale as the basis for our decision that
the applicant has failed to sustain her burden of proof of the
existence of an error or injustice. As stated by the OPR, the
former service member's social security number will be
administratively corrected; therefore, action on this portion of
the applicants request is not required. In the absence of
evidence to the contrary, we find no 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-2009-00567 in Executive Session on 22 Oct 09, under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 23 & 30 Jun 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPAPP, dated 19 Aug 09.
Exhibit D. Letter, SAF/MRBR, dated 11 Sep 09.
Vice Chair
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