RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04559 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husband’s record be corrected to reflect he had boots on the ground in Vietnam. ________________________________________________________________ APPLICANT CONTENDS THAT: Her husband was appointed as the pay agent while overseas. According to her husband, he went to Vietnam once a month to pay personnel that were assigned to his unit. His death was due to an Agent Orange condition. In support of the request, the applicant submits the service member’s death certificate and special orders. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The decedent is a former member of the Air Force who retired on 31 December 1968. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. A review of the decedent’s Master Personnel Records failed to substantiate any Foreign Service time in Vietnam. However, his service in Thailand from 12 July 1966 through 4 July 1967 was verified. The complete DPAPP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states she and her husband were married approximately two years after his retirement from the Air Force. During the almost 39 years of marriage, he often told her the details of his assignments while on active duty in Thailand. He was assigned to the 355th Supply Squadron and was responsible for accounting and records maintenance of various supplies. In doing this, he was in direct contact with herbicides stored and used within Thailand perimeters and in Vietnam. His additional duties included that of paymaster for his squadron, of which, many were in Vietnam. He carried a briefcase to pay those members in cash. She has had several career military members review her husband’s records. They concur that he would have been exposed to Agent Orange while stationed in Thailand, as well as, when he traveled to Vietnam. Her husband passed away on 9 March 2010, after a brief battle with lung cancer. She seeks this correction to qualify for a claim made with the Department of Veteran’s Affairs for Agent Orange benefits. It is their opinion that his cancer was the result of his exposure to Agent Orange. The applicant’s complete response, with attachment, is at Exhibit E. ________________________________________________________________ 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 a thorough review of the applicant’s submission in judging the merits of the case, we are not persuaded that a change in the record is warranted. The facts and opinions stated in the Air Force advisory appear to be based on the evidence of record and have not been adequately rebutted by the applicant. Therefore, we agree with AFPC/DPAPP and adopt their rationale as the basis for our conclusion that there is no error or injustice in the record. While we are sympathetic to the applicant’s circumstance, in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-04559 in Executive Session on 18 June 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dtd 29 Sep 12, w/atchs. Exhibit B. Member's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dtd 27 Nov 12. Exhibit D. Letter, SAF/MRBR, dtd 10 Dec 12. Exhibit E. Letter, Applicant’s Response, dtd 7 Jan 13, w/atchs.