RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00658
		INDEX NUMBER:  100.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 21 October 1973, be amended in Item 30, Remarks, to reflect Vietnam - Yes.

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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 at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that the applicant’s Vietnam service was from 22 October 1965 to 21 October 1969, in which he spent one year in foreign service and received the National Defense Service Medal, Vietnam Service Medal with two Bronze Service Stars, and the Republic of Vietnam Campaign Medal.  AFM 35-6 covered the applicant’s discharge forms during his October 1973 discharge and stated that only foreign service in Indochina or Korea since 5 August 1964, that was completed during the period of service being terminated, should be entered on the form.  In the applicant’s case, this was from 22 October 1969 to 21 October 1973, during which time he did not have foreign service. His Vietnam service was documented on the 21 October 1969 DD Form 214.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 April 2002 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he has been the victim of an error or injustice.  The contested DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, was prepared on 21 October 1973 in accordance with established procedures which directed that only foreign service completed during the period of service being terminated be documented on the form.  The applicant’s Vietnam service during the period 22 October 1965 to 21 October 1969 was documented on his DD Form 214 prepared on 21 October 1969.  The applicant contends that his disability claim for exposure to Agent Orange was denied by the Department of Veterans Affairs (DVA) because they could find no proof of his being in-country during the Vietnam war.  However, a DVA Request for Information prepared on 29 October 2001, requesting any documents showing exposure to herbicides indicates that no records of exposure to herbicides were found.  In view of this, it appears that this was the basis for the DVA’s denial of his disability claim, rather than his inability to verify his Vietnam service.  Regardless, there exists no error with respect to his military record.  The applicant’s 21 October 1969 DD Form 214, properly documents his Vietnam service and should he desire to resubmit his disability claim to the DVA, it is suggested that he provide a copy of his 21 October 1969 DD Form 214 when doing so. There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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 Docket Number 02-00658 in Executive Session on 16 May 2002, under the provisions of AFI 36-2603:
 
	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 13 Mar 02.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.