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AF | BCMR | CY2009 | BC-2009-01347
Original file (BC-2009-01347.doc) Auto-classification: Denied


                       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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