RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00426 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be corrected to reflect his service in Vietnam. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He served within the country of Vietnam according to the Department of Veteran Affairs (DVA). In support of his appeal, the applicant provides copies of a Department of Veteran Affairs (DVA) Rating Decision excerpt; DD Forms 214, Report of Separation from Active Duty, Armed Forces of the United States Report of Transfer or Discharge; and DD Forms 215, Correction to DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 14 June 1971 to 28 August 1974. The applicant served at Clark Air Base, Republic of Philippines, from 20 January 1972 to 15 January 1973. The applicant provided an excerpt of a DVA Rating Decision indicating they verified he served “Boots-on-the-ground” in the Republic of Vietnam (RVN) based on his military dental records; however, the applicant’s dental records are not available for the Board’s review, nor has the applicant provided copies of the source documents. A DVA Request for Information, submitted by the applicant on 20 October 2004, indicates: “There is no evidence in this Veteran’s file to substantiate any service in the Republic of Vietnam.” ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. DPAPP states that after a thorough review of the applicant’s military service records, they found no evidence to substantiate the applicant served “Boots-on-the-ground” in Vietnam. However, they did note the applicant’s DD Form 214 is incorrect in regard to reflecting his foreign service at Clark Air Base, Philippines, from 30 January 1972 to 15 January 1973. Their office will correct the applicant’s DD Form 214 to reflect his foreign service upon decision by the Board. 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 8 March 2013, for review and comment within 30 days (Exhibit D). 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 note the applicant’s DD Form 214 is in error in regards to the fact that it does not reflect any foreign service; however, we also note that the Air Force office of primary responsibility will correct his DD Form 214 to reflect 11 months and 17 days of Foreign Service for the time he served at Clark Air Base, Republic of the Philippines, from 30 January 1972 to 15 January 1973. Notwithstanding this however, we did consider whether his records should be corrected to reflect his service in the RVN in the interest of justice, as many similarly situated applicants request such a correction in order to support applications to the Department of Veterans Affairs (DVA) for service-connections of various ailments resulting from herbicide exposure. However, in the applicant’s case, for the purpose of determining a service-connection for his diabetes mellitus, the DVA resolved the indeterminate evidence regarding his RVN service in his best interest. While the DVA determined they could not deny the possibility the applicant was stationed TDY in the RVN on 5 February 1972 for the purpose of conceding herbicide exposure, we do not find substantial evidence to recommend disturbing the record. ________________________________________________________________ _ 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-2013-00426 in Executive Session on 15 October 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-00426: Exhibit A. DD Form 149, dated 7 Jan 13 w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 25 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 8 Mar 13. 2 3 4