RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00792

	COUNSEL: NONE
	
	HEARING: YES

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, effective 7 Dec 72, Block 30, Remarks, be amended to reflect “Indochina – Yes,” “Vietnam – Yes,” and “Korea – No.”

APPLICANT CONTENDS THAT:

While stationed at Clark Air Force Base, Philippines, he spent 8 months (60 days at a time) on temporary duty at Cam Ranh Bay Air Base, Vietnam.  He has tried to get his records corrected for some time, but has been unsuccessful.  In support of his requests, the applicant provides copies of his travel orders, three (3) signed and notarized affidavits from fellow airmen stating that they served on temporary duty with him in Vietnam, and copies of his performance reports.  The applicant also provides a copy of another airman’s DD Form 214, with the same date of entry and discharge date as the applicant.  The other airman’s DD Form 214, Block 30, Remarks, reflects “Indochina – Yes,” “Vietnam – Yes,” and “Korea – No.”  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 27 Dec 68, the applicant initially entered active duty into the Regular Air Force.  

On 7 Dec 72, he received an honorable discharge after serving 3 years, 11 months, and 11 days of active service.  His DD Form 214 reflects he was awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM).  His DD Form 214, Block 30, Remarks, reflects Indochina No, Vietnam No, and Korea No.  

AFM 35-4, Separation Documents and General Separation Procedures, dated 18 Jun 71, Chapter 4, states in part that the DD Form 214 Remarks Section is annotated if a member was on a PCS assignment to Indochina Vietnam, or Korea on or after 5 Aug 64.  

According to AFPC/DPSOR letter, dated 16 Aug 12, the applicant’s original copy of his DD Form 214 was done correctly.  Both Indochina and Vietnam are marked “Yes” on the applicant’s DD Form 214.  

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.  A review of his Master Personnel Records and documentation submitted failed to provide any documents that substantiate 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 9 May 18 for comment (Exhibit D), and the applicant replied on 3 Jun 18.  In his response, the applicant disagrees with the advisory opinion and reiterates his original contentions that he provided three sworn statements, a copy of his blanket orders, a copy of his unit’s mission and numerous other pieces of evidence in support of his appeal.  He has nothing to gain by having his record corrected; however, it will give him a piece of mind.  He is very proud of his service.  The applicant’s complete response is at Exhibit E.

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 not the victim of an error or injustice with regard to his request to amend his DD Form 214 to reflect “Indochina – Yes,” “Vietnam – Yes,” and “Korea – No.”  While the Board notes the AFPC/DPSOR letter, dated 6 Aug 12, states the applicant’s DD Form 214 already denotes his service in Indochina and Vietnam, it appears AFPC/DPSOR’s letter is in error as his DD Form 214 does not reflect service in Indochina or Vietnam.  The Board also notes the applicant provides a copy of another airman’s DD Form 214, with the same date of entry and discharge date as his that reflects “Yes” for Indochina and Vietnam.  However, according to AFM 35-4, Separation Documents and General Separation Procedures, dated 18 Jun 71, Chapter 4, the DD Form 214 Remarks Section is annotated if the member was on a PCS assignment to Indochina Vietnam, or Korea.  Given the witness statements provided by the applicant indicates he was on temporary duty assignment and not a PCS assignment, his DD Form 214 appears to be accurate.  As such, the Board recommends against correcting this portion of the applicant’s records.

4. Notwithstanding the above, it is the Board’s opinion that the applicant is the victim of an injustice.  The Board finds the notarized witness statements and the fact he was awarded the VSM and RVCM sufficient to conclude the applicant more likely than not had “boots on ground” in Indochina and the Republic of Vietnam.  Therefore, the Board recommends the applicant’s records be corrected to the extent indicated below.

5.  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 the Board’s understanding of the issue involved.

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 the ground” in Indochina and 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-2017-00792 in Executive Session on 13 Jun 18 and 20 Aug 18:

	, Vice Chair
	, Member
	, Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 6 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 9 May 18.
Exhibit E:  Letter, Applicant’s Rebuttal, dated 3 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 pertaining to Docket Number BC-2017-00792.