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AF | BCMR | CY2014 | BC 2014 01722
Original file (BC 2014 01722 .txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01722

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, section 30, be corrected from “Indochina-no” to “Indochina-yes”, reflecting that he served in Indochina.


APPLICANT CONTENDS THAT:

He served three tours in Thailand (two at Utapao, one at Korat), as a KC-135 crew chief flying missions over Vietnam and Thailand.  He was exposed to Agent Orange in Thailand causing cancer and other medical problems.  Correcting his DD Form 214 to reflect his service in Indochina will assist in his claim for disabilities.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 5 May 70.

On 10 Jan 73, the applicant was rendered an AF Form 909, Airman Performance Report (APR), reflecting that during the period 1 Dec 71 through 8 Apr 72, he deployed to Southeast Asia (SEA) in support of Young Tiger task force.

On 31 Jan 73, the applicant was rendered an APR for the period 19 Apr 72 through 10 Oct 72 during which time he was deployed to Korat, Thailand, performing crew chief duties in support of Bullet Shot/Constant Guard Project in support of the SEA conflict.

On 11 Apr 73, the applicant was furnished an honorable discharge, and was credited with 3 years, 1 month, and 6 days of active service, to include 1 year and 16 days of foreign service.   
On 22 May 14, AFPC/DPAPP, after confirming the applicant’s foreign service time at Korat Air Base Thailand, provided him with a “boots on ground” letter documenting his foreign service time at Korat Air Base, Thailand, from 9 Apr 72 to 5 Aug 72.  The letter further explained that section 30 of his DD Form 214 will remain “Indochina-No” since he was in a temporary duty status in Thailand, and that the amount of foreign service time reflected on his DD Form 214 is correct.

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


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice warranting changing his DD Form 214.  Policy governing the DD Form 214 at the time of the applicant’s discharge directed comments be placed in the remarks section 30 of DD Form 214 to document when service members were “stationed” in the countries of Indochina, Korea, or Vietnam in a Permanent Change of Station (PCS) capacity.  While he may have had “boots on ground” in a temporary duty (TDY) capacity while stationed at another location, a review of the applicant’s military records and supporting documentation confirm he was not permanently stationed in Indochina.  

A complete copy of the AFPC/DPSOR 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 27 Jan 15 for review and comment within 30 days (Exhibit D).  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-2014-01722 in Executive Session on 24 Mar 15 under the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01722 was considered:

	Exhibit A.  DD Form 149, dated 20 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 24 Jul 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 15.

						

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