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Decision Text

AF | BCMR | CY2011 | BC-2011-01475
Original file (BC-2011-01475.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01475
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty be 
corrected to reflect service in Vietnam.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He served in Vietnam from Oct 66 to Jan 67.

He is applying for benefits through the Department of Veterans 
Affairs (DVA) due to an illness.

In support of his request, the applicant provides a letter from 
the DVA.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant served on active duty in the Air Force from 2 Jul 
63 to 30 Jun 67.  His DD Form 214 reflects a total 3 years,      
11 months, and 29 days of total active service; however, does 
not reflect any Foreign Service.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states the information 
provided and the applicant’s master personnel records did not 
reveal any documents that substantiate Foreign Service in 
Vietnam.

The complete DPAPP evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the advisory opinion, the applicant’s spouse 
provides a personal letter.  She states that she knows for a 
fact her husband served in Vietnam and cannot understand how the 
Air Force would not have such important information documented.  
Her husband is ill now and is being refused VA benefits.  She 
does not understand why he would be denied his rights after 
serving his country in a foreign war.

The spouse’s complete response 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 error or injustice.  After 
thoroughly reviewing the evidence of record, we do not find 
sufficient evidence to support that the applicant served in 
Vietnam.   The contentions made by the applicant and his spouse 
are duly noted; however, regrettably, without evidence that 
corroborates their claims, we find no basis to recommend that 
his record be corrected.    Therefore, in the absence of 
evidence to the contrary, we must recommend the requested relief 
be denied.

________________________________________________________________
_

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 Docket Number    
BC-2011-01475 in Executive Session on 3 Nov 11, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member





The following documentary evidence pertaining to Docket Number 
BC-2011-01475 was considered:

    Exhibit A.  DD Form 149, dated 9 Apr 11, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 8 Sep 11.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Sep 11.
    Exhibit E.  Letter, Applicant’s spouse, dated 20 Sep 11.




								
								Panel Chair


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