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AF | BCMR | CY2010 | BC-2009-02545
Original file (BC-2009-02545.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02545
            INDEX CODE:  128.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s records be corrected to reflect his time  served  in  Thailand
from 1972 through 1973 and she be issued  a  new  DD  Form  214,  Report  of
Separation from Active Duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband was stationed in  Thailand  for  one  year  or  more.   She  has
letters he wrote from Thailand and the  names  of  some  of  the  people  he
served with.  He was an aircraft mechanic who worked on planes that flew  to
Vietnam.  He died of non-hodgins lymphoma.  She needs his DD  214  corrected
to submit a service-connected claim.

In support of her request,  the  applicant  submits  copies  of  the  former
service member’s DD Form 214  and  DD  Form  1966/1-5,  Record  of  Military
Processing – Armed Forces of the United States and a letter from the  former
service member.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former service member enlisted in the Regular Air Force  on  22 Feb  73.
He  was  released  from  active  duty  on  21  Feb  77  with  an   honorable
characterization of service in the grade of sergeant.  He served four  years
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 they were unable  to  confirm
any overseas service time for the former service  member.   The  information
provided by the applicant did not verify her husband served in  Thailand  or
Vietnam.

The complete DPAPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted a copy of a  letter  from  someone  who  served  two
temporary duty tours with  her  husband  in  Thailand  during  the  time  in
question.  She expressed her frustration with the  length  of  time  it  has
taken to process her application.  She states her husband gave 20  years  of
his life for his country and she cannot describe how  she  feels  about  how
veterans are treated.

The applicant’s complete submission, with attachment, 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  that
the applicant has not been the victim of an error or injustice.   While  the
applicant  argues  that   the   DD   Form   1966/1,   Record   of   Military
Processing–Armed Forces of the United States shows  her  husband’s  military
overseas duty from 13 Dec 72 to 21 Feb 73,  the  available  records  reflect
that he  was  in  the  delayed  enlistment  program  during  this  time  and
therefore could not have been TDY to Thailand.  It appears the applicant  is
under the assumption that the acronym “DEP” reflected on the DD Form  1966/3
means “deployed” when it in fact means  “delayed  enlistment  program.”   In
addition, the witness statement indicates they  both  served  together  from
Oct 73 to Dec 73, which does not agree with the timeframe indicated  by  the
applicant.  Based on these inconsistencies and  the  lack  of  corroborating
evidence, we conclude the applicant has failed  to  sustain  her  burden  of
establishing that her deceased  husband  suffered  either  an  error  or  an
injustice.  Should the applicant  secure  a  notarized  statement  from  the
witness along with proof the  witness  was  in  fact  TDY  during  the  same
timeframe, we would be  willing  to  reconsider  her  application.   In  the
absence of evidence to the contrary, we find no basis to  grant  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  BC-2009-02545  in
Executive Session on 30 Jun 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jul 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPAPP, dated 12 Apr 10.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 10.
    Exhibit E.  Letter, Applicant, dated 11 May 10, w/atch.




                                   Panel Chair

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