RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02575 INDEX CODE:	107.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His	foreign	service	be	changed	to	reflect	he	served	in	Laos instead of Thailand.

APPLICANT CONTENDS THAT:
He served in Laos in 1970. He will receive combat pay if his DD Form 215 is corrected showing he served in Laos.

In support of his request, the applicant provides a copy of his DD Form 215, Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, a personal statement and a photograph of the flag of Laos.

The applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:
The applicant served on active duty in the Army Air Corps/Regular Air Force from 4 Apr 47 to 30 Apr 73. He was progressively promoted to the grade of master sergeant having assumed the grade effective and with a date of rank of 1 Dec 64. He was retired on 1 May 73.

On 24 Mar 04, a DD Form 215 was issued adding the National Defense Service Medal and the Vietnam Service Medal to his DD Form 214.

On 9 Apr 04, a DD Form 215 was issued to reflect 4 months and 22 days of Foreign Service on his DD Form 214.

On 31 Jul 08, AFPC/DPAPP requested the applicant provide documentation, such as, travel vouchers, flight records showing he served in Laos. He did not respond.

AIR FORCE EVALUATION:
HQ AFPC/DPAPP recommends denial. DPAPP found no evidence showing the applicant was assigned or on temporary duty (TDY) in Laos.

AFPC/DPAPP's complete evaluation is at Exhibit C
HQ AFPC/DPSIDR recommends denial. DPSIDR states no official documentation was located or provided by the applicant to reflect the applicant's entitlement for the VSM for service in Laos.

AFPC/DPSIDR's complete evaluation is at Exhibit D.
HQ APFC/DPPD states the applicant's request to change his DD Form
214 does not fall under their purview. The VSM and NDSM on his DD Form 215 are not sufficient to show service in an approved Agent Orange (AO) location. DPPD states it does not appear the applicant is requesting consideration for Combat-Related Special Compensation (CRSC). The applicant previously applied for CRSC for Diabetes, Renal Insufficiency, Neuritis of Left and Right Lower Extremities, Impotence, Hypertensive Heart Disease and Rheumatoid Arthritis (Gout) and was disapproved. In order for the Diabetes and the secondary conditions to be approved for CRSC they must be specifically granted by the Department of Veterans Affairs as presumptive to AO exposure (herbicides). In order for the Hypertensive Heart Disease to qualify for CRSC, it must be secondary to Diabetes contracted by exposure to AO or presumptive to Prison-of-War internment. No documentation was found in the applicant's records or provided by him to show he served in Laos.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the applicant on 19 Jun 09, for review and comment. 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.

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; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our decision that the applicant
2.	
has failed to sustain his burden of proof of the existence of either an error or an injustice. 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-2008-02575 in Executive Session 29 Sep 09, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 May 08, w/atchs. Exhibit B. Applicant's Military Personnel Records. Exhibit C. Letter, HQ AFPC/DPAPP, dated 19 Apr 09. Exhibit D. Letter, HQ AFPC/DPSIDR, dated 1 May 09. Exhibit E. Letter, HQ AFPC/DPPD, dated 9 Jun 09, w/atch. Exhibit F. Letter, SAF/MRBR, dated 19 Jun 09.