RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00722
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The “Foreign Service” section of his Air Force Form 7, Airman Military Record, be corrected to reflect his Temporary Duty (TDY) to Ton Son Nuit [sic] Air Base, Saigon, and Camron Bay, Vietnam, rather than Southeast Asia (SEA).
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APPLICANT CONTENDS THAT:

He was TDY to Vietnam during the following periods:

	- 22 May - 17 Jul 69, Camron Bay, Vietnam
	- 28 Aug - 6 Oct 69, Ton Son Nuit [sic] AB, Saigon

He was regularly exposed to Agent Orange and has since been diagnosed with both Hepatitis-C and Diabetes.  He has applied to the Department of Veterans Affairs (DVA) for disability compensation and treatment but has been denied because his records do not reflect his service in Vietnam, only that he was TDY to Southeast Asia (SEA).

In support of his request, the applicant submits a personal statement, copies of his DD Form 214, excerpts from his medical records and AF Form 7.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

During the period under review, the applicant contracted his enlistment in the Regular Air Force on 7 Jul 66 for a period of four years.  He was progressively promoted to the grade of sergeant (E-4), with an effective date and date of rank of 1 Dec 69.  He was released from active duty and transferred to the Air Force Reserve in the grade of E- 4 on 4 Jan 70.  He had completed a total of 3 years, 5 months and 28 days of active service, with 1 year, 4 months and 8 days of foreign and/or SEA service, at the time of discharge.  He was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) with one Bronze Service Star (BSS), the Republic of Vietnam Campaign Medal (RVCM) and the Small Arms Expert Marksmanship Ribbon (SAEMR).

Applicant reenlisted on 6 Apr 71 for a period of four years and was honorably discharged on 7 May 74.  He had completed a total of 3 years, 5 months and 28 days of active service and was serving in the grade of E-4.  He reenlisted on 8 May 74 and was honorably discharged on 4 Jun 75 because of unsuitability as evidenced by his apathy, defective attitude, and failure to expend effort constructively.  He had completed a total of 1 year and 27 days of this enlistment and was serving in the grade of airman first class (E-3).  He was reduced to the grade of E-3, pursuant to an Article 15.
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AIR FORCE EVALUATION:

HQ AFPCF/DPAPP2 recommends the application be denied.  DPAPP2 states there are no documents in the applicant’s Master Personnel Records (MPR) that show specific locations of TDY to Vietnam.  His Air Force Form 7 does show he was TDY to Southeast Asia for a total of 97 days during 1969.  Southeast Asia (SEA) included North and South Vietnam, Thailand (except Bangkok and Don Mooing Airport), Laos and Cambodia.  Without supporting documents, the location of the TDYs cannot be verified.  The HQ 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 applicant on 11 Apr 03 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Although the applicant provided no evidence to show actual locations while TDY to Southeast Asia (SEA), it was noted that his DD Form 214 reflects award of the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM).  Inasmuch as the DD Form 214 substantiates service in Vietnam and having no reason to doubt the applicant’s credibility, the Board majority is of the opinion that, in this case, any doubt should be resolved in favor of the applicant and his AF Form 7, Airman Military Record, should be amended as indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected by amending AF Form 7, Airman Military Record, Section 2 (Foreign Service Summary), to show he was credited with “TDY to SEA, which includes Camron Bay, Vietnam, (57 days) during the period 22 May-17 July 1969; and, TDY to SEA, which includes Ton Son Nhut AB, Saigon, (40 days) during the period 28 August-6 October 1969.”
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The following members of the Board considered Docket Number BC-2003-00722 in Executive Session on 8 July 2003 and 17 September 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
              Member

By a majority vote, Ms. Maust and Mr. Carey recommended granting the relief sought in this application.  Mr. Robuck voted to deny the applicant's request and submitted a minority report (Exhibit E).  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Feb 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP2, dated 1 Apr 03.
   Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 03.
   Exhibit E.  Minority Report.

                                   
                                   Panel Chair

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
FROM:	SAF/MR
SUBJECT:	AFBCMR Case on APPLICANT
I have carefully reviewed the circumstances of this case and do not agree with the majority members of the AFBCMR panel that the applicant’s request for correction to his Air Force Form 7, Airman Military Record, should be approved.
The applicant asserts that he was on temporary duty (TDY) in Vietnam during 1969, that he was regularly exposed to Agent Orange and that he has now been diagnosed with Hepatitis-C and Diabetes.  The applicant appealed to the Department of Veterans Affairs (DVA) for disability compensation and treatment for his medical conditions.  The DVA denied his request because his military records reflect service in Southeast Asia (SEA), but not specifically in Vietnam.  There are no documents in the applicant’s military personnel records that show specific locations of TDY to Vietnam.
Applicant appealed to the Board requesting his military records be corrected to reflect TDY to Ton Son Nhut Air Base, Saigon, and Camron Bay, Vietnam, rather than SEA.  It was noted that Southeast Asia (SEA) included North and South Vietnam, Thailand, Laos and Cambodia.  He provided a copy of his DD Form 214, which reflects award of the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM).  His application was considered by the Board on September 17, 2003, and the Board majority recommended approval.  The Board majority is of the opinion that, since the applicant received the VSM and RVCM, he was probably in Vietnam and that any doubt should be resolved in his favor.  Although sympathetic to the applicant’s situation, the dissenting member of the AFBCMR panel found no evidence that he was actually in country; therefore, he believes applicant’s request should be denied.  I agree with the minority member of the AFBCMR panel.
In arriving at my decision, I note that, other than his own assertion, the applicant has provided no corroborative evidence to show he was TDY in Vietnam.  Therefore, to grant the applicant’s request would be grossly unfair to the numerous individuals who are similarly situated.  Accordingly, it is my decision that his application be denied.

Assistant Secretary
(Manpower & Reserve Affairs)