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AF | BCMR | CY2013 | BC 2013 00435
Original file (BC 2013 00435.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00435

		COUNSEL:  NONE

		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he served in Vietnam.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was stationed at Tan Son Nuht AFB, Vietnam for two months.  
His DD Form 214, Certificate of Release or Discharge from Active 
Duty, reflects he was in Vietnam.  He needs documentation 
showing he was in-country in order for his disability to be 
rated as combat related.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s performance reports reflect he was assigned to 
the 432nd TRW, Udorn TAFB, Thailand from 17 Aug 72 to 26 Aug 73.

The remarks section on the applicant’s DD Form 214, dated 
7 Aug 73 reflects Indochina-Yes, Vietnam-Yes, and Korea No.  

On 31 Jan 91, the applicant was honorably released from active 
duty and was credited with 20 years, 6 months, and 24 days of 
active service, to include 5 years, 10 months, and 10 days of 
foreign service.  His DD Form 214 reflects he received the 
Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign 
Medal (RVCM).

On 14 Jan 13, AFPC/DPFDC informed the applicant that while they 
don’t dispute that he served in  Vietnam, a thorough review of 
his records failed to reveal any documentation that could be 
used to establish the dates of his service in Vietnam for the 
purposes of determining whether he is entitled to combat related 
special compensation (CRSC). 

?
The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant contends he served for 
two months in Vietnam prior to his service in Thailand.  DPAP 
confirmed the applicant’s boots on ground in Thailand, but was 
unable to confirm any service in Vietnam.  A review of the 
applicant’s military personnel records failed to substantiate he 
served in Vietnam.  There is insufficient documentation to 
support the applicant’s request.  

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was stationed at Myrtle Beach AFB when he received orders for 
Vietnam.  Upon arrival it was determined that he should have not 
been sent to Vietnam and would have to be reassigned.  It took 
two months before he received his orders for reassignment.  He 
has many witnesses that new he was sent to Vietnam.  The 
Department of Veterans Affairs has verified he was in Vietnam.

The Applicant’s complete response 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 an error or injustice.  While the 
applicant is requesting his records be corrected to reflect that 
he served in Vietnam, a thorough review of his records already 
indicates such service.  In this respect, we note that the 
remarks section of his DD Form 214, dated 7 Aug 73, indicates he 
served in Vietnam.  It appears as though the applicant is 
seeking correction of his records in order to support his claim 
that his Post-Traumatic Stress Disorder (PTSD) be determined to 
be combat related and therefore entitle him to compensation 
under the combat related special compensation program (CRSC).  
It appears as though his CRSC claim has been denied, not because 
the applicant’s records do not indicate he served in Vietnam, 
but because the applicant was unable to substantiate the dates 
he served in Vietnam.  After a thorough review of the evidence 
of record and the applicant’s complete submission, we are also 
unable to determine with any certainty when the applicant served 
in Vietnam.  Therefore, unless and until the applicant provides 
any documentary evidence that would help us ascertain the dates 
of his service in Vietnam (copies of orders, correspondence, 
photographs, etc.), we find no basis to recommend granting the 
requested relief.
4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

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-2013-00435 in Executive Session on 21 Nov 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 19 Jan 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPAPP, dated 21 Feb 13.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Mar 13.
	Exhibit E.  Letter, Applicant, dated 4 Mar 13.




                                   
                                   Panel Chair
                                    


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