RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04248
XXXXXXX COUNSEL: FRANK GARZA, VSO
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect his service in Vietnam, Guam
and Canada.
________________________________________________________________
APPLICANT CONTENDS THAT:
His Foreign Service in the aforementioned locations are not
documented on his DD Form 214, Report of Separation from Active
Duty.
In support of his request, the applicant provides copies of his
DD Form 214 and a memorandum from Veterans Services.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants DD Form 214 for the period 24 Nov 1971 through
23 Jan 1975 reflects 9 months and 4 days of Foreign and/or Sea
Service with 274 days in Thailand.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP is able to verify and
confirm Foreign Service boots on ground at Udorn Air Base
Thailand, from 18 Apr 1974 to 21 Jan 1975, for 9 months and
4 days, which is correctly reflected on his DD Form 214. A
further review of his master personnel records and documentation
submitted failed to provide any documents that substantiate
Foreign Service time in Vietnam, Guam or Canada.
The complete DPAPP evaluation is at Exhibit C.
________________________________________________________________
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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 6 Dec 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
________________________________________________________________
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 took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility (OPR) and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
While the applicants comments in response to the Air Force
evaluation is duly noted, we do not find his assertions
sufficiently persuasive to override the rational provided by the
Air Force OPR. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
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 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.
________________________________________________________________
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The following members of the Board considered AFBCMR BC-2013-
04248 in Executive Session on 8 Jul 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 20 Nov 2013.
Exhibit D. Letter, SAF/MRBR, dated 6 Dec 2013.
Panel Chair
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