RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00090 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records be corrected to reflect he served in the Republic of Vietnam (RVN). APPLICANT CONTENDS THAT: He reviewed his military records in March 2012, to his shock and dismay; it did not include any documentation in regards to his temporary duty (TDY) to Vietnam. Specifically, his DD Form 214, Armed Forces of the United States, or chronological listing of service does not reflect his service in Vietnam. Although, he cannot recall the exact date he left Vietnam, he was there from July 1968 through January 1969. He does not have official documents because he did not save his orders and does not recall ever receiving any paperwork saying he was there. He has three supporting facts to substantiate his service and time spent in Vietnam. First, he enlisted for four years; however, he was released after only serving three years, seven months, and eleven days because each day in Vietnam was like spending two days in a non-war zone. Secondly, he has photographs of himself while in Vietnam. Lastly, his records reflect documented performance reports dates of 25 July 1968 and 14 January 1969. These dates must represent his TDY to Vietnam. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 28 September 1965. On 8 May 1969, the applicant was furnished an honorable discharge, and was credited with 3 years, 7 months, and 11 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. A review of the applicant’s master personnel records and submitted documentation failed to substantiate foreign service time in Vietnam. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submits a supporting letter from an individual who attests to his presence at Cam Ranh Bay, Vietnam from 1968-1969. His records indicate performance reports prepared during the periods of 25 July 1968 and 14 January 1969. Although, his records do not reflect the exact location, the 173 days annotated and accounted for during the periods of his reports, were actually spent in Vietnam. Also, his submitted photographs are undeniable proof of his service in Vietnam. Upon close observation of the photographs his name is clearly shown on three, he is carrying an M-16, and he is shown in a Vietnamese village. The only time a service person, who is not military police, is permitted to carry an M-16 is in a war zone. The applicant’s complete response 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. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 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 an error or injustice to warrant corrective action. We believe the applicant proved by a preponderance of the evidence that he served in Vietnam based on the supporting statement of a former military coworker, and photographs confirming his presence at Cam Ranh Bay, Vietnam. We find the evidence sufficient to establish that the applicant had boots on ground in Vietnam. Therefore, to correct an injustice and in recognition of his service to the Nation, we recommend his records be corrected as indicated below. 4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he had boots-on-the-ground in the Republic of Vietnam from July 1968 through January 1969. The following members of the Board considered AFBCMR Docket Number BC-2015-00090 in Executive Session on 20 August 2015 and 29 October 2015 under the provisions of AFI 36-2603: Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 26 December 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPAPP, dated 3 April 2015. Exhibit D.  Letter, SAF/MRBR, dated 6 July 2015. Exhibit E.  Letters, Applicant, dated 3 August 2015 and 1 October 2015, w/atchs.