RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02376

						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His military service record be corrected to reflect service in Vietnam.

APPLICANT CONTENDS THAT:

During the early part of 1969, he served with the 314th Air Lift Wing at Cam Rahn Bay Air Base, Republic of Vietnam.  Although he has a Vietnam Service Medal listed on his DD Form 214, Certificate of Release or Discharge from Active Duty, the Department of Veteran’s Affairs (DVA) will not accept that as proof that he served in country.  He has requested pay records and a copy of an OSI investigation during his deployment to Vietnam to verify he did serve in country, but to no avail.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 24 Jan 66. 

On 11 Mar 68 through 4 Apr 69, the applicant performed foreign service in Taiwan, according to his Airman Military Record.

On 16 May 69, the applicant was furnished an honorable discharge, and was credited with 3 years, 3 months, and 23 days of active service, including 1 year, and 23 months of foreign 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 indicating there is no evidence of an error or an injustice.  A review of the applicant’s master personnel records and the documentation submitted by the applicant failed to provide any evidence that substantiates foreign service time in Vietnam.  

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Through counsel, the applicant refutes the AFPC/DPAPP advisory, stating that the Department of the Air Force had reviewed “his master personnel records” and could not find any evidence to support the fact he served in Vietnam despite the fact that he sent pictures of himself standing on the beach in Cam Ranh Bay, Vietnam.  Counsel contends that the Department of the Air Force and/or Veterans Affairs Administration lost a number of the applicant’s records; therefore, in all likelihood the master personnel records were not sufficient to verify his presence in Vietnam.  He closes the response by requesting that further research be conducted to verify the applicant’s service in Vietnam.

A complete copy of Counsel’s 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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his counsel’s response to the Air Force Evaluation, we believe the applicant is a victim of an injustice.  While we note the comments of AFPC/DPAPP indicating that relief should be denied because the applicant’s records and documentation submitted failed to substantiate his contention that he had foreign service time in Vietnam, the preponderance of evidence submitted convinces us that corrective action is warranted.  In this respect, based on photographs provided, his AF Form 7, Airman Military Record, indicating in Item 2, Foreign Service, he served in an isolated area during his unaccompanied tour to Taiwan, the internet excerpt of the history of the 314th Wing indicating the unit served in three South Vietnam operating locations one of which was Cam Rahn Bay, and his DD Form 214 listing foreign service time and award of the Vietnam Service Medal, we are persuaded it is more likely than not that the applicant served with the 314th Air Lift Wing at Cam Rahn Bay Air Base, Republic of Vietnam, on a temporary duty status tour between 11 Mar 68 and 4 Apr 69.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

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, between the dates of 11 March 1968 and 4 April 1969.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02376 in Executive Session on 24 Mar 16 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02376 was considered:

	Exhibit A.  DD Form 149, dated 30 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 29 Oct 15.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Nov 15.
	Exhibit E.  Letter, Counsel, dated 19 Nov 15.