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AF | BCMR | CY2013 | BC 2013 04248
Original file (BC 2013 04248.txt) Auto-classification: Denied
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 applicant’s 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.

________________________________________________________________

?
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 applicant’s 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.

________________________________________________________________

?
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.  Applicant’s 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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