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AF | BCMR | CY2013 | BC 2012 03203 2
Original file (BC 2012 03203 2.txt) Auto-classification: Denied
ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03203
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be given credit for his service in Vietnam and other parts of 
Southeast Asia (SEA).

________________________________________________________________

STATEMENT OF FACTS:

On 30 April 2013, the Board considered and denied the 
applicant’s request for service in Vietnam.  In addition, the 
applicant’s record was administratively corrected to reflect 
award of the Korean Defense Service Medal (KDSM) and the Armed 
Forces Expeditionary Medal (AFEM) - Korea.  For an accounting of 
the facts and circumstances surrounding the applicant’s service, 
and, the rationale of the earlier decision by the Board, see the 
Record of Proceedings, with attachments, at Exhibit F.

In a letter, dated 30 April 2013, the applicant requested 
reconsideration of his appeal.  His letter notes that he was 
seeking information from other members of his former unit who 
could validate his service in Korea and Vietnam.  In addition, 
he clarified a statement he made in his inquiry to his Member of 
Congress, where he states, “reference to delivering materials to 
DaNang AB in Vietnam.”  He did not deliver supplies from Korea 
to DaNang as indicated; however, he first flew from Osan AB in 
Korea to Tachicawa AB in Japan where the supplies were loaded on 
the aircraft for delivery to DaNang.  

He provided another letter, dated 9 May 2013, noting that one of 
his commanding officers in Korea had passed away and felt that 
he might have run out of options.  He notes his unbelief as to 
the lack of historical records kept by the Air Force air rescue 
squadrons and his desire to be acknowledged for his entire 
service.  

In a letter, dated 30 July 2013, states that he finds it hard to 
accept the wording “that there was no material error or 
injustice,” when his entire story is filled with mismanagement 
of his personnel records.  Upon an objective review of his case 
one would conclude that the Air Force made continuous 
administrative errors from the moment he departed from Pease AFB 
until the moment he arrived back in the USA seven months later.  
He notes the incorrect statements in the Record of Proceedings; 
however, the applicant did not depart from Goose Air Base but 
left from Pease AFB, on 28 Jan 68.  He questions the comments in 
the Record of Proceedings and does not understand some of the 
information as it relates to the DD Form 149; e.g., making a 
personal appearance, etc.

By letter, dated 13 September 2013, he requests a corrected 
Record of Proceedings.  He notes that the Air Force acknowledges 
that he was present in Korea; however, it cannot account for why 
he was there or the unit he worked at.  This is a fairness issue 
for him.  

He understands that he would be eligible for Department of 
Veterans Affairs (DVA) health care coverage if his missing 
records documented any of the time he spent in Vietnam.  Since 
the Air Force is responsible for his records missing, he does 
not understand why a decision cannot be made to acknowledge the 
error and his DD Form 214, Certificate of Release or Discharge 
from Active Duty, revised to reflect his true service.

In his electronic mail, dated 24 Jan 14, the applicant noted 
that the Air Force acknowledges that he qualified for the small 
arms marksmanship ribbon and while he has no way to prove it, 
his commander had asked him to become familiar with a pistol he 
provided him and he qualified as an expert small arms marksman 
at Da Nang Vietnam.  In addition, he was informed that his 
immunization records should reflect that he was given shots for 
medications specific to Korea and Vietnam.

The applicant’s complete submission, with attachments, is at 
Exhibits G through L.

________________________________________________________________

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.  In an earlier finding, the Board determined there was 
insufficient evidence to warrant corrective action.  We have 
reviewed the new information provided in support of the 
applicant’s request and do not find the evidence provided 
sufficient to overcome our earlier assessment of the case.  We 
note that the applicant challenges some of the information 
contained in the previous Record of Proceedings (ROP) and 
questions whether he received a fair review of his case. 
However, the evidence reflects that the applicant’s request was 
denied due to insufficient evidence to substantiate service in 
Southeast Asia.  Therefore, we conclude that the applicant has 
failed to sustain his burden of proof that he has been the 
victim of an error or injustice.  In view of the above and in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.  

________________________________________________________________

THE BOARD DETERMINES 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-2012-03203 in Executive Session on 18 Dec 13 and 
29 Jan 14, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 12 May 13, w/atchs. 
    Exhibit G.  Letter, Applicant, dated 30 Apr 13, w/atchs.
    Exhibit H.  Letter, Applicant, dated 9 May 13.
    Exhibit I.  Letter, Applicant, dated 30 Jul 13.
    Exhibit J.  Letter, Applicant, dated 13 Sep 13.
    Exhibit K.  Letter, Applicant, dated 2 Jan 14.
    Exhibit L.  Electronic Mail, dated 24 Jan 14.




                                   Panel Chair


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