RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-01994
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from the Armed Forces, be amended to reflect service in Vietnam for the years 1963 and 1964.  

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THE APPLICANT CONTENDS THAT:

He was sent on several temporary assignments to Vietnam.  He spent more time TDY to Vietnam than with his unit at Clark AFB, PI.  He is a Vietnam veteran.  Since returning from Southeast Asia in 1965 he has had medical problems.  He went to the Veterans Administration (VA) hospital in the late 1960’s and 1970’s for help but they refused.  Even though he doesn’t smoke, he was diagnosed last year with lung cancer.  He was told by a buddy to go to the VA and sign-up on the Agent Orange registry.  However, he couldn’t register with the VA Agent Orange registry because he couldn’t prove he was ever in Vietnam.  He felt betrayed.  The VA has told him that this same problem happens to other veterans.  He can’t believe his country sent him to South Vietnam and other places and they have no record of it.  His life hasn’t been much but at least he is a Vietnam Veteran and served his country.  The VA told him to bring in his TDY records which he doesn’t have.  He remembers that some of his TDY’s didn’t have destinations written on them.  He remembers the events that happened in Vietnam and now is not the time for his country to take this away from him.  He needs help getting a DD Form 215 to reflect he served in Vietnam during the years of 1963 and 1964.  Six months after he returned from Southeast Asia, his life has been full of unexplained medical problems.  His children born after his return from Southeast Asia have suffered medical problems and currently his 22 year old daughter has unexplained medical problems.  

In support of his appeal, applicant submits a personal statement; and a copy of his DD Form 214. 

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) on 19 July 1961.  Records reflect an overseas tour in the Philippines with assignment to the 405th Field Maintenance Squadron, Clark AB, PI on or about 10 October 1963.  On 27 January 1965, the applicant was released from active duty for Convenience of the Government.  On 28 January 1965, he was transferred to the Air Force Reserve for completion of his military service obligation.  He had served 3 years, 6 months and 9 days on active duty of which 1 year, 3 months, and 4 days was foreign service.  Effective 18 July 1967, he was honorably discharged from the Air Force Reserve.  

VA records indicate that the applicant initiated a disability claim on 2 June 1965 for a lung condition.  On 17 September 1965, in accordance with the applicant’s request, his claim was disregarded. 

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AIR FORCE EVALUATION:

AFPC/DPAPP2 recommends the application be denied. DPAPP2 states that the only overseas assignment recorded in the applicant’s record is an assignment to 405th Field Maintenance Squadron, Clark AFB, PI.  He was assigned to that unit from 8 October 1963 to 8 March 1965.  

The AFPC/DPAPP2 evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant states that a grave injustice is being committed against him and he does not and never will accept the recommendation given by AFPC/DPAPP2.  He states that his DD Form 214 clearly states he was honorably discharged on 27 January 1965, which is correct, however, the evaluation states he was assigned to the 405th Field Maintenance Squadron, Clark AFB, PI through 8 March 1965.  This is an example of shoddy work.  Applicant states he is not looking for money or health care.  He has both.  He will not allow that his pride of being a Vietnam veteran be taken away.  He spent more time TDY in Vietnam and should receive frequent flyer miles for all his flights to Danang and Tonsonut AB outside of Saigon.  He volunteered for every TDY to Vietnam that came along.  He was one of few electricians that was competent to work alone on the aircrafts.  He believes his TDY orders were classified or secret.  He cried when the VA said he had not been to Vietnam.  Now that he is being denied again, he is angry and will not give up.  He has been shot at on more than one occasion and lost people he worked with in Vietnam.  He is very proud to have served his country and to have served in Vietnam.  Applicant’s letter is at Exhibit E.  

Applicant’s letter, with attachments, is at Exhibit E. 

On 31 October 2002 and 27 November 2002, Congressman Davis’ office requested assistance on behalf of his consituent, that the applicant’s Vietnam service be reflected in his military service record.  Copies of these letters are at Exhibit F.  
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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.  Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rational provided by the Air Force.  While the possibility exists that the applicant may have been in Vietnam at some time, he has provided no evidence substantiating he was deployed to Vietnam for any specific dates or length of time.  Should the applicant provide more expansive evidence demonstrating his deployment to Vietnam, we would be willing to reconsider his petition.  Absent such evidence, we must agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant relief.  Therefore, we find no 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 Docket Number 02-01994 in Executive Session on 19 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP2, dated 12 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Oct 02.
	Exhibit E.  Letter, Applicant, dated 23 Oct 02 w/atchs.
    Exhibit F.  Letters, Congresswoman Davis, dated 31 Oct 
                & 27 Nov 02.

                                   
                                   Vice Chair