RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04559
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husbands record be corrected to reflect he had
boots on the ground in Vietnam.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband was appointed as the pay agent while overseas.
According to her husband, he went to Vietnam once a month to pay
personnel that were assigned to his unit. His death was due to
an Agent Orange condition.
In support of the request, the applicant submits the service
members death certificate and special orders.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The decedent is a former member of the Air Force who retired on
31 December 1968.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. A review of the decedents Master
Personnel Records failed to substantiate any Foreign Service
time in Vietnam. However, his service in Thailand from 12 July
1966 through 4 July 1967 was verified.
The complete DPAPP evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states she and her husband were married
approximately two years after his retirement from the Air Force.
During the almost 39 years of marriage, he often told her the
details of his assignments while on active duty in Thailand. He
was assigned to the 355th Supply Squadron and was responsible for
accounting and records maintenance of various supplies.
In doing this, he was in direct contact with herbicides stored
and used within Thailand perimeters and in Vietnam. His
additional duties included that of paymaster for his squadron,
of which, many were in Vietnam. He carried a briefcase to pay
those members in cash.
She has had several career military members review her husbands
records. They concur that he would have been exposed to Agent
Orange while stationed in Thailand, as well as, when he traveled
to Vietnam.
Her husband passed away on 9 March 2010, after a brief battle
with lung cancer. She seeks this correction to qualify for a
claim made with the Department of Veterans Affairs for Agent
Orange benefits. It is their opinion that his cancer was the
result of his exposure to Agent Orange.
The applicants complete response, with attachment, 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 a
thorough review of the applicants submission in judging the
merits of the case, we are not persuaded that a change in the
record is warranted. The facts and opinions stated in the Air
Force advisory appear to be based on the evidence of record and
have not been adequately rebutted by the applicant. Therefore,
we agree with AFPC/DPAPP and adopt their rationale as the basis
for our conclusion that there is no error or injustice in the
record. While we are sympathetic to the applicants
circumstance, in the absence of persuasive evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-04559 in Executive Session on 18 June 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dtd 29 Sep 12, w/atchs.
Exhibit B. Member's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dtd 27 Nov 12.
Exhibit D. Letter, SAF/MRBR, dtd 10 Dec 12.
Exhibit E. Letter, Applicants Response, dtd 7 Jan 13, w/atchs.
Panel Chair
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