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AF | BCMR | CY2013 | BC 2013 04686
Original file (BC 2013 04686.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04648
		COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His records be corrected to reflect military service in Vietnam. 



APPLICANT CONTENDS THAT:

He served in a temporary duty (TDY) status in Vietnam. 

The applicant’s complete submission is at Exhibit A.



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 9 Mar 66.

The applicant’s AF Form 910, TSGT, SSGT AND SGT PERFORMANCE REPORT, covering the period 3 Dec 68 through 2 Dec 69 included the following statement:  “During the past year (the applicant) volunteered for a three months TDY in SEA and was given a letter of appreciation from the commander there.” 

On 15 Mar 70, the applicant was furnished an honorable discharge, and was credited with 3 years, 11 months, and 7 days of active service, which included one year, seven months, and four days of foreign service. 

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



AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice.  Although there is an annotation in one of the applicant’s Airman Performance Reports that indicates he served three months TDY in Southeast Asia, there is no documentation to verify this period of service was in the Republic of Vietnam.  

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



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His TDY to Southeast Asia was in Vietnam.  He was in Lon Bin and Ben Hoi, Vietnam, in 1969.  In support of his contention, he submits a copy of Special Order T-37, dated 28 Mar 69, directing him to travel to Tan Son Nhut Air Base, Republic of Vietnam, and to be in place on 1 Apr 69 (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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  We took notice of the applicant's complete submission, to include his rebuttal response to the advisory opinion, in judging the merits of the case.  While the Board notes the comment from AFPC/DPAPP that there is no documentation in the applicant’s Master Personnel Record to verify the three month period in 1969 the applicant served in Southeast Asia was in the Republic of Vietnam, we believe a preponderance of the evidence indicates the applicant served in the Republic of Vietnam.  In this respect, we note the applicant’s military personnel records contain an Airman Performance Report that indicates he was deployed to Southeast Asia for three months.  Therefore, in view of the fact that applicant has provided a copy of travel orders that appear to substantiate the noted three-month deployment to Southeast Asia was in the Republic of Vietnam, we believe corrective action is warranted.  Therefore, we recommend the applicant’s record be corrected as indicated below.



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he had boots-on-the-ground in the Republic of Vietnam in 1969.

The following members of the Board considered AFBCMR Docket Number BC-2013-04648 in Executive Session on 2 Sep 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 Sep 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAPP, dated 5 Dec 13.
      Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 14.
      Exhibit E.  Letter, Applicant, dated 13 Jan 14, w/atch. 
 







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