RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00211
INDEX CODE: 113.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be credited with 179 days of foreign service.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was TDY with the 464th Troop Carrier Squadron in support of
Operation Mule Train where he worked on C-123s. He needs his
Vietnam service verified in order to file a claim with the
Department of Veterans Affairs (DVA) and receive disability
benefits.
In support of his request, the applicant provides an excerpt from
his dental records, a copy of his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, and a copy of his AF
Form 7, Airman Military Record.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 31 May 61 and
was progressively promoted to the grade of A2C (E-3), having
assumed that grade effective and with a date of rank of 1 Jun 62.
He received an honorable discharge on 28 May 65 after serving
3 years, 11 months, and 28 days on active duty.
AFPC/DPAPP confirmed boots on ground in the Republic of Vietnam.
However, they did not find any errors concerning the applicants
foreign service.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states that after a review of
the applicants Master Personnel Records and the documentation
submitted by the applicant, they were unable to substantiate the
total 179 days in Vietnam. However, the applicant provided an
excerpt of his dental records which reflects he received treatment
at the 33rdUSAF Dispensary, APO 143, U.S. Forces, on 28 Apr 63.
For that reason, DPAPP sent the applicant a letter on 10 May 10
requesting documents such as travel vouchers, evaluation reports,
or other official military documents that reflect his travel to
Vietnam was completed along withthe inclusive dates of the travel;
however, he did not respond.Therefore, DPAPP cannot support the
applicants request.-
The DPSOEcomplete evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation wasforwarded to the applicant
on 3 Sep 10for review and comment within 30 days. As of this
date, this office has received no response.
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. 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. Therefore, 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; andthat 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-2010-00211 in Executive Session on 13 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Nov 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 23 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 3 Sep 10.
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