RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04364
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His record reflect service in Vietnam and his status (with the Department of Veterans Affairs) be changed from zero benefits to full benefits and compensation due to his medical history.

APPLICANT CONTENDS THAT:

The record keeping with the Department of Veterans Affairs and the Air Force is incomplete.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Sep 66.  

The applicant’s Air Force Form 910, TSgt, SSgt, and Sgt Performance Report, for the period of supervision from 23 Jan 69 to 22 Jan 70, states he “…was TDY for 179 days to SEA.”  

On 6 Sep 70, the applicant was furnished an honorable discharge, and was credited with four years of active service.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denying the applicant’s request, indicating there is no evidence of an error or injustice.  A review of his master personnel record and documentation submitted failed to provide any documents that substantiate foreign service in Vietnam.  Although, one of applicant's performance reports indicate he was on temporary duty for 179 days to Southeast Asia, AFPC/DPAPP was unable to determine the location of this temporary duty.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Through the applicant’s congressional office, he provided additional documentation in support of his request for the Board’s consideration.  In support of his response, the applicant provides a notarized statement from a fellow service member and a copy of his TDY orders, effective 7 Apr 69, detailing him and his colleague to Detachment 11, 1131 USAF Special Activities Squadron, APO San Francisco 96307.  

A complete copy of the applicant’s rebuttal 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.  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 and rebuttal, we believe the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DPAPP indicating that relief should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention that he was in Vietnam, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided a copy of his temporary duty order and his performance report, as well as a supporting statement indicating that he and a colleague were in Vietnam.  Furthermore, the Board noted the applicant’s request to have his status changed for the purpose of receiving the Department of Veterans Affairs’ benefits and compensation; however, the Board determined this request is outside our purview.  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 served in Vietnam beginning 8 April 1969 for 179 days and awarded any appropriate awards/decorations/devices for this period of service.

The following members of the Board considered AFBCMR Docket Number BC-2015-04364 in Executive Session on 9 Feb 17 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 5 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 24 May 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Jun 16.
	Exhibit E.  Applicant’s Rebuttal, dated 26 Jul 16, w/atchs.

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.