RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00211 INDEX CODE: 113.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: He be credited with 179 days of foreign service. ___________________________________________________________________ APPLICANT CONTENDS THAT: He was TDY with the 464th Troop Carrier Squadron in support of Operation Mule Train where he worked on C-123’s. He needs his Vietnam service verified in order to file a claim with the Department of Veterans Affairs (DVA) and receive disability benefits. In support of his request, the applicant provides an excerpt from his dental records, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a copy of his AF Form 7, Airman Military Record. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 31 May 61 and was progressively promoted to the grade of A2C (E-3), having assumed that grade effective and with a date of rank of 1 Jun 62. He received an honorable discharge on 28 May 65 after serving 3 years, 11 months, and 28 days on active duty. AFPC/DPAPP confirmed “boots on ground” in the Republic of Vietnam. However, they did not find any errors concerning the applicant’s foreign service. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. DPAPP states that after a review of the applicant’s Master Personnel Records and the documentation submitted by the applicant, they were unable to substantiate the total 179 days in Vietnam. However, the applicant provided an excerpt of his dental records which reflects he received treatment at the 33rdUSAF Dispensary, APO 143, U.S. Forces, on 28 Apr 63. For that reason, DPAPP sent the applicant a letter on 10 May 10 requesting documents such as travel vouchers, evaluation reports, or other official military documents that reflect his travel to Vietnam was completed along withthe inclusive dates of the travel; however, he did not respond.Therefore, DPAPP cannot support the applicant’s request.- The DPSOEcomplete evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation wasforwarded to the applicant on 3 Sep 10for review and comment within 30 days. As of this date, this office has received no response. 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.Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; andthat the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2010-00211 in Executive Session on 13 Oct 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Nov 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 23 Aug 10. Exhibit D. Letter, SAF/MRBR, dated 3 Sep 10.