RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03515

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his Temporary Duties (TDYs) to Pope AFB and Travis AFB during the Cuban Missile Crisis, and his TDY to Vietnam from Hickam AFB in 1963.

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THE APPLICANT CONTENDS THAT:

Public Law 106-419 provides compensation for Vietnam veterans serving time in that country; however, he is being denied compensation because his DD Form 214 does not reflect his TDY to Vietnam.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 12 January 1961, the applicant enlisted in the Regular Air Force for a period of four years.  He was progressively promoted to the grade of airman second class (E-3).  However, as a result of nonjudicial punishment imposed under Article 15 of the Uniform Code of Military Justice (UCMJ), he was reduced to the grade of airman third class (E-2), effective 28 February 1964.

He was released from active duty on 11 January 1965, and transferred to the Air Force Reserve under the provisions of AFR 39-10 (Expiration of Term of Service), after completion of four years of active service.  The DD Form 214 issued in conjunction with his release from active duty indicates that he completed 2 years, 1 month, and 29 days of foreign service.

An AF Form 7, Airman Military Record, indicates that he was assigned to Hickam AFB, HI, from 3 August 1961 through 1 October 1963.

Block VII, Comments of Reporting Official, on AF Form 75, USAF Airman Performance Report (APR), rendered for the period 12 January 1962 to 11 January 1963, while applicant was assigned to Hickam AFB, contains the statement, “During the recent alert, [applicant] was one of the first to volunteer his services and skill in accompanying and supporting aircraft involved in the alert.”

On 11 January 1967, he was honorably discharged from the Air Force Reserve.

On 1 November 2000, Public Law 106-419, amended Title 38, United States Code, to increase amounts of educational assistance for veterans under the Montgomery GI Bill and to enhance programs providing educational benefits under that title, and for other purposes.

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AIR FORCE EVALUATION:

AFPC/DPAPP2 recommends the application be denied and states, in part, that there are no documents in the applicant’s records to reflect any TDYs to or his participation in the Cuban Missile Crisis.  He was asked to review his personnel records to see if he might have any documents that could be used to support his claim; however, he did not respond.

The AFPC/DPAPP2 evaluation, with attachment, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 14 February 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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 applicant contends that he is being denied compensation given to Vietnam Veterans under Public Law 106-419 because his DD Form 214 does not reflect his TDY to Vietnam.  In addition, his TDYs to Pope AFB and Travis AFB, during the Cuban Missile Crisis should also be included on his DD Form 214.  However, the evidence of record and the applicant’s submission, do not contain any source documents that confirm his completion of any TDYs and participation in the Cuban Missile Crisis.  The appropriate office of primary responsibility contacted the applicant and requested he review his personnel records for any additional supporting documentation; however, he has not responded.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, the applicant has failed to sustain his burden that his records are in error or unjust.  Hence, we find no compelling basis to recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 BC-2002-03515 in Executive Session on 8 May 2003, under the provisions of AFI 36-2603:

				Vice Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Oct 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP2, dated 3 Feb 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 03.