RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04425

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he served in the Vietnam.

APPLICANT CONTENDS THAT:

He was told by the Department of Veterans Affairs that he did not qualify for medication because he did not serve in Vietnam; however, he went on temporary duty (TDY) assignments to Vietnam two times.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former sergeant (E-4) who honorably served in the Regular Air Force from 12 June 1968 to 9 June 1972, and was credited with 1 year, 4 months and 6 days of Foreign and/or Sea Service. 

AF Form 626, Request and Authorization for Temporary Duty – Military, dated 23 August 1969, indicates the applicant was issued orders from Clark AB, Philippines to Cam Ranh Bay AB, Vietnam, effective on or about 24 August 1969, for approximately 55 days, to provide C-130 maintenance support.

AF Form 626, provided by the applicant, dated 7 January 1970, indicates the applicant was issued orders from Clark AB, Philippines to Cam Ranh Bay AB, Vietnam, effective on or about 24 January 1970, for approximately 55 days, to provide C-130 maintenance support.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3AM recommends denying the application.  There is evidence the applicant served in the Republic of the Philippines from 14 January 1969 to 19 May 1970 for 1 year, 4 months and 6 days.  However, there is no evidence of Foreign Service in the Republic of Vietnam.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 23 October 2017 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  While the Board notes the comments of AFPC/DP3SP indicating that relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  A single set of orders is generally insufficient to substantiate presence at a TDY location, since orders can be cancelled prior to travel.  For this reason, the Board generally requires more evidence than a single set of orders.  In this case, the applicant provided two sets of orders.  In the opinion of the Board, the orders, which cover different periods, are sufficient to establish the applicant was more likely than not present in Vietnam.  However, given that both sets of orders authorize variations, and the applicant submitted no other documentation (such as a paid travel voucher), the Board is unable to ascertain the precise duration of the applicant’s two trips.  Therefore, the Board recommends correcting the applicant’s records 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 ground in the Republic of Vietnam.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04425 in Executive Session on 3 May 2018.

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 November 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 10 October 2017.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 October 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.