RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00435
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he served in Vietnam.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was stationed at Tan Son Nuht AFB, Vietnam for two months.
His DD Form 214, Certificate of Release or Discharge from Active
Duty, reflects he was in Vietnam. He needs documentation
showing he was in-country in order for his disability to be
rated as combat related.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants performance reports reflect he was assigned to
the 432nd TRW, Udorn TAFB, Thailand from 17 Aug 72 to 26 Aug 73.
The remarks section on the applicants DD Form 214, dated
7 Aug 73 reflects Indochina-Yes, Vietnam-Yes, and Korea No.
On 31 Jan 91, the applicant was honorably released from active
duty and was credited with 20 years, 6 months, and 24 days of
active service, to include 5 years, 10 months, and 10 days of
foreign service. His DD Form 214 reflects he received the
Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign
Medal (RVCM).
On 14 Jan 13, AFPC/DPFDC informed the applicant that while they
dont dispute that he served in Vietnam, a thorough review of
his records failed to reveal any documentation that could be
used to establish the dates of his service in Vietnam for the
purposes of determining whether he is entitled to combat related
special compensation (CRSC).
?
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial indicating there is no evidence of
an error or an injustice. The applicant contends he served for
two months in Vietnam prior to his service in Thailand. DPAP
confirmed the applicants boots on ground in Thailand, but was
unable to confirm any service in Vietnam. A review of the
applicants military personnel records failed to substantiate he
served in Vietnam. There is insufficient documentation to
support the applicants request.
A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He was stationed at Myrtle Beach AFB when he received orders for
Vietnam. Upon arrival it was determined that he should have not
been sent to Vietnam and would have to be reassigned. It took
two months before he received his orders for reassignment. He
has many witnesses that new he was sent to Vietnam. The
Department of Veterans Affairs has verified he was in Vietnam.
The Applicants complete response 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 an error or injustice. While the
applicant is requesting his records be corrected to reflect that
he served in Vietnam, a thorough review of his records already
indicates such service. In this respect, we note that the
remarks section of his DD Form 214, dated 7 Aug 73, indicates he
served in Vietnam. It appears as though the applicant is
seeking correction of his records in order to support his claim
that his Post-Traumatic Stress Disorder (PTSD) be determined to
be combat related and therefore entitle him to compensation
under the combat related special compensation program (CRSC).
It appears as though his CRSC claim has been denied, not because
the applicants records do not indicate he served in Vietnam,
but because the applicant was unable to substantiate the dates
he served in Vietnam. After a thorough review of the evidence
of record and the applicants complete submission, we are also
unable to determine with any certainty when the applicant served
in Vietnam. Therefore, unless and until the applicant provides
any documentary evidence that would help us ascertain the dates
of his service in Vietnam (copies of orders, correspondence,
photographs, etc.), we find no basis to recommend granting the
requested relief.
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 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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-00435 in Executive Session on 21 Nov 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jan 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPAPP, dated 21 Feb 13.
Exhibit D. Letter, SAF/MRBR, dated 1 Mar 13.
Exhibit E. Letter, Applicant, dated 4 Mar 13.
Panel Chair
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It took two months before he received his orders for reassignment. While the applicant is requesting his records be corrected to reflect that he served in Vietnam, a thorough review of his records already indicates such service. After a thorough review of the evidence of record and the applicants complete submission, we are also unable to determine with any certainty when the applicant served in Vietnam.
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