RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-03610
								INDEX CODE:  100.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be amended to reflect that he was in Vietnam for 12 days, rather than Indochina.

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APPLICANT CONTENDS THAT:

He is a Vietnam veteran since he was in Vietnam.  Despite this, his government employer has him on Vietnam Era Veteran status, rather than Vietnam Veteran status.

In support of the appeal, applicant submits his personal statement, a copy of his DD Form 214, a copy of Temporary Duty (TDY) orders, and his passport.

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

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STATEMENT OF FACTS:

The applicant is a former enlisted member who served on active duty during the period 3 December 1969 through 30 November 1972.  He completed 3 years, 11 months, and 28 days of active service.  Item 19, Indochina or Korea Service since August 5, 1964, of the DD Form 214 issued in conjunction with his 30 November 1973 release from active duty, indicates “yes - 12 Days.”

According to the Office of Personnel Management (OPM) website, a Vietnam-era Veteran is defined as a person who: (A) served on active duty for a period of more than 180 days, and was discharged or released there from with other than a dishonorable discharge, if any part of such active duty occurred: (I) in the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (II) between August 5, 1964, and May 7, 1975, in all other cases; or (B) was discharged or released from active duty for a service-connected disability if any part of such active duty was performed (I) in the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (II) between August 5, 1964, and May 7, 1975, in all other cases. 

On 3 February 2009, SAF/MRBR advised the applicant the Air Force defines Indochina as Vietnam, Laos, Cambodia, Thailand, and Burma, and that as such, there is no justification for changing item 19 of his DD Form 214.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial and states, in part, that although the applicant provides a copy of a TDY order, it only shows he was projected to go on the TDY.  His records contain no documentation to substantiate his Vietnam service.  They advised the applicant on 16 October 2008, that he needed him to provide additional documentation confirming his Vietnam service and he did not respond.

The complete 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 13 February 2009 for review and comments, within 30 days.  However, as of this date, no response has been received by this office.

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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.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that his records are in error or unjust.  In this respect, we note that while the applicant believes the DD Form 214 issued in conjunction with his 30 November 1973 release from active duty should reflect 12 days of service in Vietnam, rather than Indochina; the term Indochina is inclusive of the former Republic of Vietnam as well as Laos, Cambodia, Thailand, and Burma.  As such, there exists no basis upon which to recommend favorable consideration of the requested relief.

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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-2008-03610 in Executive Session on 14 May 2009, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Sep 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, , dated.
    Exhibit D.  Letter, SAF/MRBR, dated.