AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
XXXXXX
DOCKET NUMBER: BC-2012-01966
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His records be corrected to reflect his Vietnam service.
APPLICANT CONTENDS THAT:
He was informed by the Department of Veterans Affairs that he
never served in Vietnam. He had orders to show he was assigned
temporary duty (TDY) in Vietnam effective on or about 4 Feb
68 for two days and on or about 12 Jun 68 for six days.
In support of his request, the applicant submits his TDY orders.
The applicant’s complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 18 Jul 66, the applicant enlisted in the Regular Air Force.
On 17 Jul 70, he was honorably discharged. His DD Form 214,
Armed Forces of the United States Report of Transfer or
Discharge, issued in conjunction with his 17 July 1970, released
from active duty, reflects that he completed 1 year and 6 months
of foreign service. He served four years on active duty.
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states that a review of the
applicant’s Master Personnel Records and the documentation
submitted does not substantiate his claim that he served in
Vietnam. However, DPAPP was able to verify he had “boots on the
ground” in the Republic of the Philippines from 4 Jan 67 and
3 Jul 68.
The complete DPAPP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 2 Jul 12, for review and comment within 30 days. As of this
date, this office has received no response (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, the Board majority agrees with the opinion and
recommendation of the Air Force office of primary responsibility
and adopts its rationale as the basis for their conclusion the
applicant has not been the victim of an error or injustice.
While the Board majority notes that the applicant has provided
TDY orders to Hue Phu Bai, Republic of Vietnam (RVN) for two days
in Feb 68 and Cam Rhan Bay, RVN, for six days in Jun 68, they do
not find this evidence sufficient to substantiate his claim that
he actually was TDY to these locations. However, should the
applicant provide evidence to substantiate his claim, i.e.,
travel vouchers, we would be willing to reconsider his request.
Therefore, in the absence of evidence to the contrary, the Board
majority finds 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.
2
The following members of the Board considered this application in
Executive Session on 20 Feb 14, under the provisions of AFI 36-
2603:
XXXXXX, Panel Chair
XXXXXX, Member
XXXXXX, Member
By majority vote, the Board voted to deny the application.
voted to correct the record. The following
documentary evidence was considered in AFBCMR BC-2012-01966:
Exhibit A. DD Form 149, dated 25 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 21 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 2 Jul 12.
XXXXX
Panel Chair
3
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: XXXXX, AFBCMR Docket No: BC-2012-01966
I have carefully considered all the facts and circumstances of this case and the evidence of
record. In view of the substantial evidence provided in support of this appeal, I do not agree with
the recommendation of the majority of the AFBCMR panel to accept the opinion and
recommendation of the Air Force office of primary responsibility (OPR) and deny the applicant’s
request.
In support of the applicant’s request that his records be corrected to reflect his service in
the Republic of Vietnam (RVN), he has provided the original temporary duty (TDY) orders
assigning him from Clark Air Base, the Philippines, to Hue Phu Bai, RVN for two days in
February 1968 and to Cam Rhan Bay, RVN, for six days in June 1968, for the purpose of
maintenance support and recovery. While the OPR opines this evidence fails to substantiate that
he served in the RVN, I disagree. Although completed travel vouchers for these TDYs would
conclusively demonstrate that he completed them, I find these orders compelling. Moreover, I
agree with the minority voting member of the panel that it is unlikely that he would retain said
TDY orders for over 44 years, if he, in fact, had never traveled to the RVN.
Therefore, in view of the above, I find the applicant has met his burden of demonstrating
the existence of an error or an injustice in his records and direct that his records be corrected to
show that he had boots-on-the-ground in the RVN from 4 through 6 February 1968 and from
12 through 18 June 1968.
Director
Air Force Review Boards Agency
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