RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01966
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect his Vietnam service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed by the Department of Veterans Affairs that he
never served in Vietnam. He had orders to show he was assigned
temporary duty (TDY) in Vietnam effective on or about 4 Feb
68 for two days and on or about 12 Jun 68 for six days.
In support of his request, the applicant submits his TDY orders.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 Jul 66, the applicant enlisted in the Regular Air Force.
On 17 Jul 70, he was honorably discharged. He served four years
on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states that a review of the
applicants Master Personnel Records and the documentation
submitted does not substantiate his claim that he served in
Vietnam. However, DPAPP was able to verify he had boots on the
ground in the Republic of the Philippines from 4 Jan 67 and
3 Jul 68.
The complete 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 2 Jul 12, for review and comment within 30 days. As of this
date, this office has received no response (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. The Board
majority took notice of the applicants complete submission in
judging the merits of the case; however, the Board majority
agrees with the opinion and recommendation of the Air Force
office of primary responsibility and adopts its rationale as the
basis for our conclusion that the applicant has not been the
victim of an error or injustice. While the Board majority notes
that the applicant has provided TDY orders to Hue Phu Bai,
Republic of Vietnam (RVN) for two days in Feb 68 and Cam Rhan
Bay, RVN, for six days in Jun 68, we do not find this evidence
sufficient to substantiate his claim that he actually was TDY to
these locations. However, should the applicant provide evidence
to substantiate his claim, i.e., travel vouchers, we would be
willing to reconsider his request. Therefore, in the absence of
evidence to the contrary, the Board majority finds 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; 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 this application in
Executive Session on 20 Feb 14, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
By majority vote, the Board voted to deny the application. voted
to correct the record and desires to submit a minority report.
The following documentary evidence was considered in AFBCMR BC-
2012-01966:
Exhibit A. DD Form 149, dated 25 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 21 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 2 Jul 12.
Exhibit F. Minority Report, dated ?
Panel Chair
AFBCMR BC-2012-01966
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the recommendation of the Board
members. The majority found that applicant had not provided sufficient evidence of error or
injustice and recommends the case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that the application be denied.
Please advise the applicant accordingly.
Director
Air Force Review Boards Agency
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Docket No: BC-2012-01966
I have carefully considered all the facts and circumstances of this case and do not agree
with the majority members of the panel that the applicants request should be denied.
The majority of the panel is not convinced that the applicants record should be corrected
to reflect Vietnam service. However, I note that the applicant has provided original temporary
duty (TDY) orders to Hue Phu Bai, Republic of Vietnam (RVN) for two days in Feb 68 and Cam
Rhan Bay, RVN, for six days in Jun 68.
Although the travel orders provided by the applicant are not definite proof he performed
the TDYs, I believe he should be afforded the benefit of the doubt.
.
Therefore, in the interest of justice, I believe it appropriate to correct his record to reflect
Vietnam service as indicated above. Please advise the applicant accordingly.
Director
Air Force Review Boards Agency
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