RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01842
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, issued in
conjunction with his 25 Jun 76 separation be updated to reflect
his service in Vietnam, from 6 Nov 72 8 Mar 74.
APPLICANT CONTENDS THAT:
His DD Form 214 does not show that he served in Vietnam and
therefore, he is not eligible for benefits related to exposure to
Agent Orange.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant was commissioned in the Air Force Reserve and
initially entered active duty on 7 Apr 71.
On 25 Jun 76, the applicant was honorably released, in the grade
of captain, and was credited with 5 years, 5 months, and 15 days
of active service, including 250 days of foreign service in
Southeast Asia (SEA).
On 16 Nov 86, the applicant was discharged from all appointment.
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. Based on the documentation in the
applicant's military records, there was no documentation that
showed he served in Vietnam.
However, the applicants record did show that he was a navigator
on a C-141 and performed at least 250 days in SEA. His records
also showed he received the Vietnam Service Medal (VSM).
The applicant did provide a copy of a flight log that has
references to flights in and out of Vietnam. However, the log
does not actually show that these flight records belong to the
applicant (there are no names and they are not signed).
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 9 Dec 14 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. Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice. After a thorough review of the
evidence of record and the applicants complete submission, we
believe the applicant is the victim of an error or injustice.
While we note the comments of AFPC/DPAPP indicating that relief
should be denied because the applicants records contains no
documentation substantiating the applicants contention that he
served in Vietnam, we believe a preponderance of the evidence
substantiates that corrective action is warranted. In this
respect, we note the applicants record already confirms that he
had 250 days in SEA and he provides a copy of his personal flight
log indicating that he flew in and out of Vietnam; therefore, in
the interest of justice, we recommend the applicants record be
corrected to reflect that he served in Vietnam. Accordingly, his
records should be corrected to the extent indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that he had boots
on the ground in Vietnam within the time period of 6 Nov 72 and
8 Mar 74.
The following members of the Board considered AFBCMR Docket Number
BC-2014-01842 in Executive Session on 11 Mar 2015 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. Although
chaired the panel, in view of his unavailability, has signed as
Acting Panel Chair. The following documentary evidence was
considered:
:
Exhibit A. DD Form 149, dated 30 Apr 14, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 8 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 14.
3
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