RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01576 INDEX CODE:	110.00

COUNSEL:	NONE HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
His	DD	Form	214,	Report	of	Separation	from	Active	Duty,	be corrected to show that:

1.	He served in Vietnam.
2.	He	was	an	instructor	for	a	Civil	Engineering	Red	Horse Squadron.

3.	He	was	awarded	the	Small	Arms	Expert	Marksmanship	Ribbon (SAEMR) and any other Vietnam service awards he is entitled to.

4.	His	last	duty	station	reflect	Nellis	AFB,	NV	rather	than Hickam AFB, HI.

5.	The	temporary	duty	(TDY)	he	performed	in	support	of	the evacuation of Vietnam be included.

6.	He was licensed to operate several pieces of equipment.

APPLICANT CONTENDS THAT:
It is possible the Demo team he was on is still classified but he did receive hazardous duty pay and was in imminent danger while a member of that team. His discharge papers should be totally accurate.

In support of his appeal, the applicant provides a copy of his DD Form 214, and his Airman Performance Reports (APRs).

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

STATEMENT OF FACTS:
The applicant joined the Regular Air Force on 12 November 1971. He was progressively promoted to the grade of sergeant (SGT/E-4) effective and with a date of rank (DOR) of 1 January 1974.  He

served for 3 years, 9 months, and 24 days of which 1 year,
7 months, and 20 days were Foreign Service. On 5 September 1975, he was released from active duty with a service characterized as honorable.

AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial of the applicant’s request that his DD Form 214 reflect service in Vietnam.  DPAPP states that after a thorough review they were unable to find any documentation in the record that substantiated the applicant’s contention he served in Vietnam.

DPAPP’s complete evaluation is at Exhibit C.
AFPC/DPSIDC recommends denial of the applicant’s request that his DD Form 214 reflect the time he spent in the Air Force as an instructor. After noting the untimeliness of the applicant’s request, DPSIDC stated that, based on the documents available in the applicant’s record, they were unable to determine the applicant spent any time in the service as an instructor.

DPSIDC’s complete evaluation is at Exhibit D.
AFPC/DPSIDR recommends the applicant’s request that his DD Form
214 reflect award of the SAEMR be denied. DPSIDR states they were unable to locate the required AF Form 522 that would verify his expert marksmanship status. DPSIDR further states that without Foreign Service credit verification from AFPC/DPAPP, they were unable to verify his entitlement to any Vietnam service awards.

DPSIDR’s complete evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 2 July 2009 for review and comment within 30 days. As of this date, no response has been received by this office.

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.
1.	
3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case, to include his almost two years of Foreign Service; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt their rationale as  the basis for our conclusion that the applicant has not been the victim of an error or injustice. His request to change his last duty station from HI to NV was not addressed by the Air Force OPRs; however, no evidence has been presented that would indicate his DD Form 214 was in error regarding his last duty station. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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.

The following members of the Board considered AFBCMR Docket Number BC-2008-01576 in Executive Session on 11 August 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 22 Apr 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPAPP, dated 19 Apr 09.
Exhibit D. Letter, AFPC/DPSIDC, dated 26 May 09. Exhibit E. Letter, AFPC/DPSIDR, dated 24 Jun 09. Exhibit F.  Letter, SAF/MRBR, dated 2 Jul 2009.