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
applicants request for service in Vietnam. In addition, the
applicants 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 applicants 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 applicants 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
applicants 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 applicants 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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