RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 03-00265
		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.  

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THE APPLICANT CONTENDS THAT:

He is on a pension from the Veterans Administration (VA) because of diabetes connected to Agent Orange.  

In support of his appeal, applicant submits a personal statement; a supporting statement; a copy of his DD Form 214; a copy of his airman separation record and personal pictures. 

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 21 May 1973 for a period of 4 years.  He was progressively promoted to the grade of airman first class.  Applicant was honorably discharged on 6 August 1974, after serving 1 year, 2 months and 16 days on active duty.  No foreign service for this period was noted.  A Separation Program Designator (SPD) of "JGH" (Involuntary discharge, minimally productive/limited potential airman) was assigned.  

On 18 February 2003, the assignment advisor, AFPC/DPAPP2, advised the applicant that a review of his record did not reflect any overseas service during his tour of duty in the Air Force.  On 26 February 2003, the applicant responded by stating that he had submitted a signed affidavit of his witness along with pictures while on board a C-141.  

On 6 May 2003, AFPC/DPSAMP, responded to the applicant's request for copies of his aeronautical orders, flight pay and other finance records.  He was advised that no aeronautical orders were found and that the portion of his request pertaining to finance records was referred to the Defense Finance and Accounting Service.   

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AIR FORCE EVALUATION:

AFPC/DPAPP2 recommends the application be denied. DPAPP2 states that there are no documents in the applicant's record that verify Vietnam service.  He was asked to furnish documents to verify his Vietnam service.  He did not furnish any documentation.  

The AFPC/DPAPP2 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 16 May 2002, for review and response.  As of this date, this office has not received a 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.  Applicant’s contentions and the supporting statement were noted.  He has been asked to provide specific documentation i.e., PCS orders, TDY orders, to substantiate his deployment to Vietnam in direct support of operations but has not responded.  Should the applicant provide more expansive evidence demonstrating his deployment to Vietnam for 30 consecutive or 60 nonconsecutive days, 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.  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 9 July 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP2, dated 8 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 03.

                                   
                                   Panel Chair