RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03807
 
						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect the following:

	He served 210 days of foreign service.

	He served 10 days in Vietnam.  

	He was awarded the Vietnam Campaign Medal (VCM).

APPLICANT CONTENDS THAT:

As a crewmember on a C-130 aircraft from 1964 to 1966 he made three trips into Vietnam and was in Vietnam for 10 days.  He also went to Bangkok, Thailand two times for a total of 21 days,  Stanleyville Airport in Congo, Africa for 120 days and the Philippines for about 90 days.  

The records correction to show he was in Vietnam and exposed to Agent Orange is required in order to be eligible for Department of Veterans Affairs (DVA) disability compensation.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 3 July 1963 and was released from active duty on 30 June 1967 in the grade of Airman First Class (A1C, E-3).  He served 3 years, 11 months and 26 days of active duty service.  

The applicant’s AF Form 7, Airman Military Record, reflects 125 days of foreign service with date departed as 13 October 1965.  

According to a Report of Medical Examination dated 1 December 1965, he was treated at “USAF Hospital Clark.”

The applicant provides a copy of AF Form 1098, Request for Personnel Action, dated 3 March 1966 which reflects he completed a 125 day Temporary Duty (TDY) assignment and his Overseas Duty Selection Date (ODSD) was adjusted to 5 November 1963.  His DD Form 214 also states his ODSD as 5 November 1963 but reflects no foreign service.

Aeronautical Order, Number 83, dated 30 June 1966, designated the applicant as a non-crew member required to participate frequently and regularly in aerial flight during the period of 1 July 1966 to 30 June 1967.

The applicant was placed in a Duties Not Involving Flying (DNIF) status from May to 29 August 1966 per the undated Medical Recommendation for Flying Duty.  
 
The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of his request that his record be corrected to reflect foreign service in Vietnam, Thailand, Africa and the Philippines.  A review of the information provided and the applicant’s record did not contain information that reflects he served in any of these locations.

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

AFPC/DP3SP recommends denial of the request for the VCM.  There was no official documentation provided or located verifying the applicant served for an aggregate of six months in the area of eligibility for award of the VCM.  Furthermore, AFPC/DPAPP was unable to verify the applicant had any foreign service in Vietnam or Thailand.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and Chief of Staff.  

The VCM is awarded to members of the United States Armed Forces who between 1 March 1961 and 28 March 1973 served for six months in South Vietnam or served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit D.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 31 May 2016 for review and comment within 30 days (Exhibit E).  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.  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 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 partial relief.  In this respect, we find the AF Form 1098, Personnel Action Request, dated 3 March 1966, provided by the applicant and his AF Form 7, Airman Military Record, sufficient to find he completed 125 days of foreign service.  However, no evidence has been provided to indicate the periods or locations of the foreign service.  Therefore, it is our conclusion the applicant has not sustained his burden of proof to grant the requested relief for 210 days of foreign service, 10 days of boots on ground service in Vietnam and award of the VCM.  However, should the applicant provide further evidence in support of his requests, the Board would be willing to reconsider his application.   In view of the aforementioned, we recommend the applicant’s record be corrected to the extent 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 his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his separation on 30 June 1967, be amended in Item 22, Statement of Service, Block c, Foreign and/or Sea Service, to reflect 4 months and 5 days.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03807 in Executive Session on 9 August and 10 November 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 August 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 21 January 2016.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 8 April 2016.
	Exhibit E.  Letter, AFBCMR, dated 31 May 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.