RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00897
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His official records be corrected to reflect he was taken as a Prisoner of War (POW) during the Vietnam War.
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APPLICANT CONTENDS THAT:
In 1967, he was stationed at a U.S. Army outpost in Northern Thailand which was overrun by the North Vietnamese. He was taken and held as a POW for four hours but managed to escape.
The applicants complete submission is at Exhibit A.
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STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 16 Jun 66 and served until 1 Apr 70, at which time he was released from active duty and credited with 3 years, 9 months, and 16 days of active service.
On 13 May 13, AFPC/DPSIDRA directed the applicants DD Form 214, dated 1 Apr 70, be changed to add award of the Presidential Unit Citation (PUC) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.
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AIR FORCE EVALUATION:
AFPC/DPFC recommends denial indicating there is no evidence of an error or an injustice. After a review of the U.S. National Archives and Records Administration and the applicants Military Personnel Record, there is no record of the applicant being a POW. Additionally, he did not submit any official documentation to support his claim.
A complete copy of the AFPC/DPFC evaluation is at Exhibit C.
AFPC/DPSID recommends denial of the applicants request for award of the POW Medal (PWM) indicating there is no evidence of an error or an injustice. The applicant was assigned to Udorn Air Base, Thailand from 26 Dec 66 to 7 Jun 67, and to Tuy Hoa Air, Vietnam from 8 Jun 67 to 26 Dec 67. Although the applicant did not specifically request the PWM, the PWM is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and help captive after 5 Apr 17. There is no evidence which verifies award of the PWM.
A complete copy of the AFPC/DPSID evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted 39 individual responses to the Air Force evaluations wherein he reiterates he was held captive for four hours by the North Vietnamese in 1967. He is willing to take a polygraph test to verify he was a POW. He verbally reported the incident at the time, but was told it didnt count. His official records were lost, destroyed, or left behind. Records do not prove or disprove that an event happened or didnt happen. They are only paper. He still has 13 scars on his hands which were inflicted by his North Vietnamese captors. He was captured in Northern Cambodia. Any length of captivity qualifies one for POW status, so his four hours qualifies. He should be awarded POW status as an exception to policy because his records are lost (Exhibit F).
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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. We took notice of the applicants complete submission in judging the merits of the case, to include his rebuttals in response to the advisory opinions; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00897 in Executive Session on 12 Dec 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPFC, dated 11 Apr 13.
Exhibit D. Letter, AFPC/DPSID, dated 14 May 13.
Exhibit E. Letter, SAF/MRBR, dated 28 May 13.
Exhibit F. 39 Letters, Applicant, various dates, w/atchs.
Panel Chair
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