RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01347
INDEX CODE: 107.00
------------ COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of Transfer or
Discharge, Remarks Section, be corrected to reflect “Vietnam-Yes” and
“Korea-Yes”, which indicates his temporary duty (TDY) assignments to
Vietnam and Korea.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served TDY in Vietnam and Korea. He was denied service-connected
compensation for diabetes mellitus by the Department of Veterans Affairs
(DVA) because his DD Form 214 does not show that he served in Vietnam and
Korea.
In support of his request, the applicant submits three copies of his DD
Form 214, and a copy of a letter from the DVA.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 19 Jul 66, for a term of
four years, and was progressively promoted to the grade of master sergeant
(E-4). He was voluntarily retired in that grade on 1 Sep 81. He served a
total of 20 years, 1 month, and 12 days of active service.
On 5 Feb 09, the DVA notified the applicant that Veterans who set foot in
Vietnam during the Vietnam Conflict are considered to have been exposed to
Agent Orange since it was widely used. In order to grant compensation
benefits based on exposure to Agent Orange, the law requires that the
evidence of record establish the veteran set foot in Vietnam. The DVA will
also grant
benefits if they receive evidence showing that the veteran was exposed
during his/her military service. His claim for compensation benefits for
diabetes, claimed as secondary to Agent Orange exposure was denied because
the evidence of record does not establish that he set foot in Vietnam.
On 9 Sep 09, the applicant was notified that a review of his military
records did not verify that he was TDY or assigned to Vietnam or Korea.
The VSM is awarded to all service members of the Armed Forces who between 4
July 65 and 28 Mar 73, served in the following areas of Southeast Asia: in
Vietnam and the contiguous waters and airspace; in Thailand, Laos or
Cambodia or the airspace thereof and in the direct support of military
operations in Vietnam.
The RVNCM is awarded to members of the Armed Forces of the United States
who served for six months in South Vietnam, during the period 1 Mar 61 to
28 Mar 73 or who served outside the geographical limits of the Republic of
Vietnam and contributed direct combat support to the Republic of Vietnam
and Armed Forces for six months. Such individuals must meet the criteria
established for the Armed Forces Expeditionary Medal (for Vietnam) or the
Vietnam Service Medal, to qualify for the Republic of Vietnam Campaign
Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial and states, in part, a review of the
applicant’s military personnel records did not provide any documents that
confirm time served in Vietnam and they were unable to verify boots on
ground in Vietnam.
The complete AFPC/DPAPP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
His military personnel records reflect that he served in Indochina and not
Vietnam. While stationed at Yokota AB, Japan, he was sent to Vietnam from
Dec 69 through Feb 70. He worked on the C-123 and C-130 aircraft that were
used to spray Agent Orange. At the time, he was unaware of what they were
spraying and believed it to be insecticide.
The applicant’s complete response, with attachments, 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 injustice. 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 and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice. No evidence
has been presented showing the applicant’s entitlement to the requested
service credit. 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-2009-01347
in Executive Session on 10 Nov 09, under the provisions of AFI 36-2603:
Mr. ---------------, Vice Chair
Ms. ---------------, Member
Mr. ---------------, Member
The following documentary evidence was considered under Docket Number BC-
2009-01347:
Exhibit A. DD Form 149, dated 30 Mar 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 8 Sep 09.
Exhibit D. SAF/MRBR, dated 18 Sep 09.
Exhibit E. Letter, Applicant, dated 8 Oct 09, w/atchs.
---------------
Vice Chair
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