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AF | BCMR | CY2010 | BC-2009-02327
Original file (BC-2009-02327.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02327
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be issued the Vietnam Service Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his tour at Clark Air Base, Philippines, he  was  assigned  temporary
duty (TDY) in Vietnam.  He believes he was exposed to Agent  Orange  and  is
processing a claim with the  Veteran’s  Affairs  (VA)  office  for  Type  II
diabetes.

In support of the application, the  applicant  submits  a  copy  of  his  AF
Form 899, Permanent Change of Station Order – Military and his DD Form  214,
Armed Forces of the United States Report of Transfer or Discharge.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 Sep 64, the applicant enlisted in the Regular Air  Force.   On  30  Aug
68, he was released from active duty with an honorable  characterization  of
service.  He served 3 years, 11 months and 29 days on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP recommends denial.  DPAPP states the information contained  in
the applicant’s military personnel records  do  not  reflect  he  served  in
Vietnam.  The applicant was asked to provide additional documentation  (i.e.
travel vouchers, flight records, etc.), however, no response was received.

The complete DPAPP 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 26  Feb
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit D).

_________________________________________________________________

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.   Other  than  his  own  assertions,  the
applicant has provided no documentary  evidence  that  would  establish  his
entitlement to the Vietnam Service  Medal;  therefore,  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  that
the applicant has not been the victim of an error  or  injustice.   However,
if the applicant were to provide additional documentation, such  as  an  Air
Force History Report, as proof that his unit  participated  in  missions  in
Vietnam, we would be willing to reconsider  his  request.   Accordingly,  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 this application in  Executive
Session on 8 Apr 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-02327:

    Exhibit A.  DD Form 149, dated 23 Jun 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPAPP, dated 11 Feb 10.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Feb 10.




                                   Panel Chair

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