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AF | BCMR | CY2011 | 2009-03900
Original file (2009-03900.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03900
            INDEX CODE:  107.00
            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he served in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served at CCK AFB, Taiwan and flew  into  Vietnam  on  several  occasions
from Bangkok, Thailand.  The time he spent in Vietnam was omitted  from  his
DD Form 214, Armed Forces  of  the  United  States  Report  of  Transfer  or
Discharge.

In support of the appeal, the applicant provides a copy of his DD Form 214.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 Mar 66, for a term  of
four years, and was progressively promoted to the grade of  sergeant  (E-4).
On 14 Jan 70, he was  released  from  active  duty  for  (Early  release  of
regular airman) with service characterized as honorable.  He served a  total
of 3 years, 9 months, and 27 days of active service.

On 22 Jan 10, AFPC/DPAPP verified the applicant’s Foreign Service in  Taiwan
from 24 Feb 67 through 19 Mar 68 for a total of 1 year and 26 days.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial, stating that  there  is  no  documentation  to
prove the applicant served in Vietnam.  DPAPP verified  that  he  served  in
Taiwan from 24 Feb 67 to 19 Mar  68,  and  the  timeframe  he  served  there
matches the amount of Foreign Service reflected on his DD Form 214.

The complete AFPC/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  9  Apr
10, for review and comment within 30 days.  As of  this  date,  no  response
has been received by this office (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.   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.   Therefore,  in
the absence of evidence to the contrary,  we  find  no  basis  to  recommend
granting his request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of a 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-2009-03900
in Executive Session on 8 Jun 10, under the provisions of AFI 36-2603:

      Ms. -------------, Chair
      Mr. -------------, Member
      Ms. -------------, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 Oct 09, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAPP, dated 19 Mar 10.
      Exhibit D. Letter, SAF/MRBR, dated 9 Apr 10.





      --------------
      Chair

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