RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00426
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, be
corrected to reflect his service in Vietnam.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He served within the country of Vietnam according to the
Department of Veteran Affairs (DVA).
In support of his appeal, the applicant provides copies of a
Department of Veteran Affairs (DVA) Rating Decision excerpt; DD
Forms 214, Report of Separation from Active Duty, Armed Forces
of the United States Report of Transfer or Discharge; and DD
Forms 215, Correction to DD Form 214.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 14 June 1971 to 28 August 1974. The
applicant served at Clark Air Base, Republic of Philippines,
from 20 January 1972 to 15 January 1973.
The applicant provided an excerpt of a DVA Rating Decision
indicating they verified he served Boots-on-the-ground in the
Republic of Vietnam (RVN) based on his military dental records;
however, the applicants dental records are not available for
the Boards review, nor has the applicant provided copies of the
source documents.
A DVA Request for Information, submitted by the applicant on
20 October 2004, indicates: There is no evidence in this
Veterans file to substantiate any service in the Republic of
Vietnam.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states that after a
thorough review of the applicants military service records,
they found no evidence to substantiate the applicant served
Boots-on-the-ground in Vietnam. However, they did note the
applicants DD Form 214 is incorrect in regard to reflecting his
foreign service at Clark Air Base, Philippines, from 30 January
1972 to 15 January 1973. Their office will correct the
applicants DD Form 214 to reflect his foreign service upon
decision by the Board.
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 8 March 2013, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
_
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. We note the
applicants DD Form 214 is in error in regards to the fact that
it does not reflect any foreign service; however, we also note
that the Air Force office of primary responsibility will correct
his DD Form 214 to reflect 11 months and 17 days of Foreign
Service for the time he served at Clark Air Base, Republic of
the Philippines, from 30 January 1972 to 15 January 1973.
Notwithstanding this however, we did consider whether his
records should be corrected to reflect his service in the RVN in
the interest of justice, as many similarly situated applicants
request such a correction in order to support applications to
the Department of Veterans Affairs (DVA) for service-connections
of various ailments resulting from herbicide exposure. However,
in the applicants case, for the purpose of determining a
service-connection for his diabetes mellitus, the DVA resolved
the indeterminate evidence regarding his RVN service in his best
interest. While the DVA determined they could not deny the
possibility the applicant was stationed TDY in the RVN on
5 February 1972 for the purpose of conceding herbicide exposure,
we do not find substantial evidence to recommend disturbing the
record.
________________________________________________________________
_
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 AFBCMR Docket
Number BC-2013-00426 in Executive Session on 15 October 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-00426:
Exhibit A. DD Form 149, dated 7 Jan 13 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 25 Feb 13.
Exhibit D. Letter, SAF/MRBR, dated 8 Mar 13.
Panel Chair
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