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AF | BCMR | CY2011 | BC-2010-02202
Original file (BC-2010-02202.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02202
                       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, be corrected to reflect Foreign Service credit for his  service
in  Vietnam  (administratively  resolved),  Philippines  (administratively
resolved), France, Spain and Libya.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His service record does not accurately reflect his Foreign Service.

In support of his request, the applicant provides a  copies  of  documents
extracted from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records reflect he served on active duty from 27 May 63 to
26 May 71.

The applicant records reflect he had a total of 1 year, 2  months  and  18
days of Foreign Service.  His  records  also  reflect  he  served  in  the
Philippines from 15 Jan 68 to 5 Feb 69 and that he was on  temporary  duty
(TDY)  to  Southeast  Asia  (SEA)  from  17 Feb 68  to   22 Apr 68.    His
performance report for the period ending 27 May 64 indicates he was TDY to
France but does not indicate the inclusive dates of the TDY.

On 22 Sep 10, DPAPP informed the applicant that boots on ground  had  been
verified for the Philippines and his  TDY  assignment  to  Vietnam.  DPAPP
further requested the applicant provide official documentation,  such  as,
travel  vouchers,  evaluation  reports  and  letters  of   evaluation   to
substantiate his Foreign Service in Spain, France and Libya.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP recommends denial of the  applicant’s  request  for  Foreign
Service credit for  Spain  and  Libya.   DPAPP  states  a  review  of  the
applicant’s military personnel records do not reflect he served  in  Spain
or Libya.   The applicant did not respond to the request for documentation
to substantiate his claim.

The complete AFPC/DPAPP evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on  12
Nov 10, for review and comment within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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  warranting  Foreign  Service  credit  for
serving in France, Spain and  Libya.   After  a  thorough  review  of  the
applicant’s submission and the  evidence  of  record  his  entitlement  to
Foreign Service credit for serving in  Vietnam  and  the  Philippines  was
verified  and  his  records  will  be  administratively  corrected.    His
performance report for the period ending 27 May 64 reflects he was TDY  to
France, but does not include the period of the TDY.  In regards to Foreign
Service credit for Spain and Libya, we found no evidence he served or  was
stationed in Spain or Libya.  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  decision  that  relief  beyond  that
granted administratively is not warrant.  Therefore, we find no  basis  to
favorably consider 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 Docket Number BC-2010-
02202 in Executive Session on 16 Dec 10, under the provisions of  AFI  36-
2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:

    Exhibit A.  DD Forms 149, dated 23 May 10, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 27 Oct 10.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Nov 10.





                               Panel Chair

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