RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04611

 						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the following:

	He served in Vietnam.

	He served in Thailand and the Republic of the Philippines. (Foreign Service Verified).  

APPLICANT CONTENDS THAT:

The Department of Veterans Affairs (DVA) has denied his claims for benefits because there is no proof he served in Vietnam.  He served at Cam Ranh Bay, AB, Vietnam between 1970 and 1971 (three tours).

He has written to the National Archives Center for personnel records, the Defense Finance and Accounting Service (DFAS) for pay records, Randolph AFB, TX, Central Intelligence Agency (CIA) and the Defense Service for Freedom of Information Act (FOIA) and Privacy Act (PA) records in search of Temporary Duty (TDY) vouchers, pay records and any evidence which shows his time in Vietnam.

He has desperately searched his personal files and contacted numerous agencies to try and get proof of his boots on ground Vietnam service.  While assigned to the 463d Organizational Maintenance Squadron (463 OMS), Clark AB, Philippines he deployed to Cam Ranh Bay, Vietnam in 1970 to 1971.  He was deployed to Vietnam at least three different times between 1970 and 1971.  His squadron deployed in 52 day increments and he is hopeful there may be TDY orders or travel vouchers to validate he served in Vietnam.  

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

STATEMENT OF FACTS:

The applicant retired 1 January 1993 in the grade of Master Sergeant (MSgt, E-7).  He was credited with 24 years and 26 days of active duty service.  He was also credited with 6 years and 10 months of foreign service.  

The applicant’s DD Form 214, Report of Separation from Active Duty, for the period of active duty from 1 July 1971 to 30 June 1975 reflects he was awarded the Republic of Vietnam Campaign Medal (RVCM).  Item 19, Indochina or Korea Service Since Aug 5, 1964, is marked “Yes” and reflects he was on TDY assignment to Thailand for 365 days.  

The Republic of Vietnam Campaign Medal (RVCM) is awarded to members of the Armed Forces of the United States who between 1 March 1961 and 28 March 1973, served for 6 months in South Vietnam during this period; served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months. 

The applicant’s Airman Performance Reports (APR) for the reporting periods of 14 May 1970 to 13 November 1970, 14 November 1970 to 13 May 1971, and 14 May 1971 to 17 September 1971 reflect he was assigned to the 463 OMS, Clark AB, Philippines and performed duties as a C-118, C-124 and C-130B Aircraft Generation Equipment (AGE) Repairman.  

The applicant’s Report on Individual Personnel Printout dated 2 November 1992 reflects he was TDY to Thailand from 9 September 1973 to 14 September 1974, which is after the inclusive period for award of the RVCM.  

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 disapproval.  The information provided and the applicant’s record do not contain information which reflects he served in Vietnam.  DPAPP was able to verify and confirm foreign service boots on ground in Thailand and the Republic of the Philippines but unable to verify any foreign service in Vietnam.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 June 2016 for review and comment within 30 days (Exhibit D).  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 interest of justice to excuse the failure to timely file.     
 
3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice to warrant partial relief.  While we note the Air Force office of primary responsibility (OPR) recommends denial stating the applicant’s records contain no documentation to substantiate he was TDY to Vietnam, we find the entirety of the evidence indicates he more likely than not had boots on ground in Vietnam.  In this respect, we note the applicant’s DD Form 214 for the period of active duty from 1 July 1971 to 30 June 1975 reflects he served in Indochina which constitutes the areas of Vietnam, Cambodia and Laos.    This same DD Form 214 indicates he was awarded the RVCM and completed a 365-day TDY in Thailand.  While on the surface it appears he may have received the RVCM for his service in Thailand, his records indicate the period of his TDY in Thailand was after the inclusive period for award of the RVCM.  In view of this, we are persuaded the applicant was awarded the RVCM for his service in Vietnam.  Furthermore, we note the applicant performed duties as a C-130 AGE mechanic and was assigned to the 463 OMS during a period of time when the unit completed frequent and routine C-130 missions at Cam Ranh Bay and Ton Son Nhut AB, Vietnam and we find it reasonable that the applicant would have completed at least one rotation to Vietnam with his unit.   Because DODI 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), precludes adding TDY locations on the DD Form 214, we believe the appropriate remedy is to correct the applicant’s record to show that he had boots on ground in Vietnam.  Therefore, in the interest of justice, we recommend the applicant’s records be corrected to the extent 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 ground at Cam Ranh Air Base, Republic of Vietnam from 14 May 1970 to 13 November 1970.   

The following members of the Board considered AFBCMR Docket Number BC-2015-04611 in Executive Session on 26 January 2017 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 27 October 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 13 April 2016.
	Exhibit D.  Letter, AFBCMR, dated 8 June 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.