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Decision Text

AF | BCMR | CY2014 | BC 2014 01185
Original file (BC 2014 01185.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01185

			COUNSEL:  NONE
	
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, Block 30, Remarks, be corrected to 
reflect service in Vietnam as “Yes”.


APPLICANT CONTENDS THAT:

His military records clearly state he served in Vietnam for 116 
days; whereas, block 30 of his DD Form 214 which reflects “No” 
for Vietnam is in error.  This conflicting information has 
resulted in denied benefits through the Department of Veterans 
Affairs (DVA) office. 

In support of his request, the applicant has provided a copy of 
his DD Form 214 and AF Form 1712, Uniform Military Personnel 
Record, which lists 116 days served in Vietnam.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 Nov 
68.

On 3 Nov 72, the applicant was furnished an Honorable discharge, 
and was credited with 4 years of active service.   

The applicant’s DD Form 214, Block 22, Section C, reflects 3 
months and 26 days of Foreign Service; however, Block 30 
reflects “No” for served in Vietnam.

On 21 Jul 14, AFPC/DPAPP determined the applicant’s Foreign 
Service was accurately captured on his DD Form 214 and provided 
the applicant a Vietnam “Boots on Ground” letter for DVA 
benefits.

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


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or an injustice.  AF Manual 35-5, Officer Personnel, 
Administrative Discharge Procedures, Table 2, Item 29, Rule 6 
states to list “Yes” or “No” when Permanent Change of Station 
assignment to Indochina, Vietnam or Korea.  While the applicant 
may have had “Boots-on-Ground” in a Temporary Duty (TDY) 
capacity his military records do not indicate being stationed in 
Vietnam.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 12 Nov 14 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


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.  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 of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.


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-2014-01185 in Executive Session on 26 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-01185 was considered:

	Exhibit A.  DD Form 149, dated 16 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 21 Jul 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 4 Aug 14.
	Exhibit E.  Letter, SAF/MRBR, dated 12 Nov 14.

						






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