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AF | BCMR | CY2013 | BC 2013 05757
Original file (BC 2013 05757.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05757
	XXXXXXXXXX	COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, Item 24, Decorations, Medals, Badges, 
Commendations, Citations and Campaign Ribbons Awarded or 
Authorized, be amended to read that he “served within the 
boundaries and on the ground of the Republic of South Vietnam.”


APPLICANT CONTENDS THAT:

In the past few years he learned there is no record of his serving 
boots on the ground in Vietnam.  Once the Board corrects his 
records, copies should be sent to him and the National Personnel 
Records Center (NPRC).

In support of his request, the applicant provides copies of his DD 
Form 214, notarized statements from members who attest to his 
service in Vietnam, photographs and various other documents 
related to his request.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 22 January 
1969 to 22 October 1971, as an Electronic Communications and 
Cryptographic Equipment Repairman.  His DD Form 214 reflects 
1 year, 5 months and 11 days of Foreign and/or Sea Service.


AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  Following a review of the 
applicant’s master personnel records and documentation submitted, 
DPAPP is able to verify and confirm Foreign Service boots on 
ground at Clark Air Base, Republic of the Philippines, but they 
are unable to substantiate Foreign Service time in Vietnam.

The complete DPAPP evaluation is at Exhibit C.



APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

He requested a copy of his records from St. Louis; however, when 
he received his records, included were documents from another 
military member.  It stands to reason that if he received the 
copies of the other member’s documents, copies of his missing 
Temporary Duty (TDY) orders may be in someone else’s records.  

The TDY orders and other records he retained in his files were 
destroyed; however, he recalls that he had TDY orders for Vietnam, 
Korea and Okinawa.  He was able to locate a photograph of himself 
in Vietnam as well as Department of Veterans Affairs (DVA) records 
which reflect he was diagnosed with and received treatment for 
Agent Orange.  The DVA accepted the statements from his three 
former members as “buddy statements.”  In addition, because he 
worked “crypto” many of his TDY locations were not reflected on 
his orders.

In further support of his appeal, the applicant resubmits the same 
correspondence submitted with his original application as well as 
website information, additional photographs, and various other 
documents associated with his appeal.

His complete response, with attachments, 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 error or injustice.  We note the 
applicant’s states he had TDY orders for Vietnam, Korea and 
Okinawa and believes his documents may have been misfiled; 
however, we do not find his assertions sufficiently persuasive to 
override the rational provided by the Air Force OPR.  Therefore, 
we agree with the opinion and recommendation of the Air Force 
Office of Primary Responsibility (OPR) and adopt the rationale 
expressed as the basis for our conclusion the applicant has not 
been the victim of an error or injustice.  In the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application.


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 this application in 
Executive Session on 12 November 2014, under the provisions of 
AFI 36-2603:

       , Panel Chair
       , Member
       , Member
      
Due to the unavailability of XXXXXXXXXX, XXXXXXXXXX will sign as 
Acting Panel Chair.  The following documentary evidence 
pertaining to AFBCMR BC-2013-05757 was considered:

  Exhibit A.  DD Form 149, dated 11 December 2013, w/atchs.
  Exhibit B.  Applicant’s Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPAPP, dated 14 February 2014.
  Exhibit D.  Letter, SAF/MRBR, dated 21 March 2014.
  Exhibit E.  Letters, Applicant, dated 21 March 2014,
              27 March 2014, 8 July 2014, 19 August 2014, w/atchs.





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