RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00165
		INDEX CODE:  

	APPLICANT	COUNSEL:  DAV

	SSN	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to show he served in the Republic of Vietnam during his Air Force (AF) career.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. 

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AIR FORCE EVALUATION:

HQ AFPC/DPAPP2 states there are no documents in the applicant's records to indicate that he was stationed in Vietnam.  The applicant did however submit a copy of an order showing a 10-day TDY to Vietnam.  However, a review of his medical records showed he was seen in the Dispensary in Taiwan during the time frame the he alleges to have been in Vietnam.  The applicant was requested to provide any documentation he may have in support of his claim.  He has not responded.  Therefore, based on the information provided they recommend denying the requested relief.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his claim with the Veterans Administration has nothing to do with his request.  He wants acknowledgement of his  time  served in Vietnam.  His  being in the  dispensary on 11 April 1968 has nothing to do with the date of the TDY order.  He was not in the dispensary from 11 April through 26 April 1968.  He does not have a travel voucher for this TDY, but he will find his supervisor to substantiate that he was TDY in Vietnam (Exhibit E).

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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.  The evidence in the applicant's records does not support his request to have his records corrected to reflect time served in Vietnam.  The applicant submitted a TDY order showing a scheduled TDY to Vietnam, but the applicant's medical records indicate he was seen in the Dispensary at Ching Chuan Kang, AB, Taiwan during the same time frame.  Applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Should the applicant provide further documentation to support his assertions, we would be inclined to review the application for possible reconsideration.  However, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-00165 in Executive Session on 16 July 2002 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP2, dated 25 Apr 02.
   Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.
   Exhibit E.  Applicant's Response, dated 12 Jun 02.