RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00709 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect service in Vietnam. _________________________________________________________________ APPLICANT CONTENDS THAT: The time he spent in Vietnam is not recorded accurately. His records reflect 115 days temporary duty (TDY), but the date is incorrect and should be 1964. The timeframe for his TDY to Vietnam should be September 1964 to December 1964. He had Special Orders at one time, but over the years they were destroyed. He has two illnesses listed on the Agent Orange Register, prostate cancer and multiple myeloma, which he believes are from time spent in Vietnam and he should be compensated. His tour of duty in the Philippines was adjusted from 24 months to 18 months because of his time in Vietnam. He needs his records corrected in order to receive disability compensation from the Department of Veterans Affairs. In support of his request, the applicant provides an extract from his military personnel records and personal statements. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Jan 74, the applicant was retired in the grade of technical sergeant. He is credited with 20 years and 13 days of active service. Records reveal the applicant served in the Republic of Korea from 3 Nov 54 to 29 Oct 55; Japan from 12 Jan 59 to 11 Jan 62; Philippines from 16 Feb 64 to 2 Aug 65; Thailand from 21 Dec 66 to 1 Aug 67, and Turkey from 27 Jun 69 to 16 Dec 70. The Vietnam Service Medal is awarded to all service members of the Armed Forces who, between 4 Jul 65 and 28 Mar 73, served in the following areas of Southeast Asia: Vietnam and the contiguous waters and airspace, Thailand, Laos, or Cambodia or the airspace there-over and in direct support of operations in Vietnam. A service member must have served on temporary duty for over 30 consecutive days or 60 non-consecutive days to be eligible for award of the VSM. The Republic of Vietnam Campaign Medal (RVNCM) is awarded to members who: (1) served for six months in South Vietnam during the period 1 Mar 61 and 28 Mar 73; (2) served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months--only members who meet the criteria established for the AFEM (Vietnam) or the VSM during the period required are considered to have contributed direct combat support to the RVN Armed Forces; (3) did not complete the six-month length of service required in (1) and (2) but who, during wartime, were (a) wounded by the enemy (in a military action), (b) captured by the enemy during action or in the line of duty but later were rescued or released, killed in action or in the line of duty; (4) were assigned in Vietnam on 28 Jan 73, and who served a minimum of 60 calendar days in Vietnam during the period 29 Jan 73 to 28 Mar 73. The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) is awarded by the Republic of Vietnam to certain units of the U.S. Armed Forces for valorous combat achievement during the Vietnam War for the 1 Mar 61 to 28 Mar 73. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPAPP recommends denial. DPAPP states a review of the applicant’s master personnel records and the documentation submitted failed to substantiate Foreign Service time in Vietnam. Further, although his DD Form 214 indicates 115 days temporary duty to Southeast Asia, the exact location is not listed. DPAPP states they were unable to determine whether this duty was performed in the Republic of Vietnam or some other Southeast Asia country. The complete 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 13 May 11 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence which would persuade us that his records should be corrected to show Foreign Service in Vietnam. We acknowledge the applicant spent 115 days TDY in Southeast Asia; however, the exact location is not listed. Therefore, we cannot determine whether this duty was performed in the Republic of Vietnam or some other Southeast Asia country. As such, 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 the applicant has failed to sustain his burden of showing he suffered either an error or an injustice. Should the applicant provide sufficient evidence in the form of travel vouchers, evaluation reports, letters of evaluations, decorations or other military documentation to substantiate his service in Vietnam, we would be willing to reconsider his request. 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; and that 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-2011-00709 in Executive Session on 21 July 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 February 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. AFPC/DPAPP, Letter, dated 19 April 2011. Exhibit D. SAF/MRBR, Letter, dated 13 May 2011, w/atch. Panel Chair