RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00433

XXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect Foreign Service time in the Republic of Vietnam.

APPLICANT CONTENDS THAT:

He went on numerous temporary duty (TDY) assignments to Cam Ranh Bay, Republic of Vietnam (RVN); however, his DD Form 214 does not indicate any Foreign Service time in Vietnam.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 May 64 and was discharged on 17 May 68.  He was credited with 3 years, 11 months and 28 days of Foreign Service.

According to two AF Forms 626, Temporary Duty Order-Military, provided by the applicant, dated 7 Oct 66 and 30 Nov 66, the applicant was scheduled to travel from Naha Air Base, Okinawa, to Cam Ranh Bay, RVN, for periods of 20 and 10 days, respectively.  In addition, the applicant provided an partially legible AF Form 626, dated 6 Jul 66; however, the number of days he was scheduled to go TDY cannot be determined, and his name does not appear to be listed on the order.

Department of Defense Instruction (DoDI) 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series) dated 20 August 2009, which establishes and implements policy for the preparation and distribution of the DD Form 214, does not include a provision for update of TDY assignments/locations on the DD Form 214.  AFI 36-2110, Assignments, dated 
22 September 2009, paragraph 3.4.4.3, requires a combination of the following documents to verify completed TDY assignments: travel vouchers, PCS orders, decoration citations, enlisted or officer performance reports, or records review Report on Individual Personnel (RIP).  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 the applicant’s master personnel records and information provided did not contain documentation that reflects he served in the 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 10 May 18 for comment (Exhibit D), and the applicant replied on 10 Jul 18.  In response to the advisory, the applicant provided the three copies of his Air Force Form 626, Temporary Duty Order-Military, that were included in his original application; indicates that the state of PA has paid him a bonus for his service in Vietnam; and asserts he received combat/flight pay while in Southeast Asia.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, 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, the Board concurs with the rationale and recommendation of AFPC/DP3AM and finds that a preponderance of the evidence does not substantiate the applicant’s stated request.  However, the Board finds it more likely than not that the applicant did serve for some period in Vietnam.  The Board accepts the previously noted AF Forms 626, Temporary Duty Order-Military, dated 7 Oct 66 and 30 Nov 66, as some evidence the applicant was in Vietnam; however, by themselves, TDY orders are typically insufficient to establish presence country since orders are subject to cancellation.  In this case, however, the applicant also provides the letter from the Air Force Surgeon General, which clearly refers to the applicant as a Vietnam veteran.  In the opinion of the Board, these pieces of evidence work together to make it more likely than not the applicant was present in country.  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 at Cam Ranh Bay, Republic of Vietnam.  However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-00433 in Executive Session on 26 Jul 18:

, 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 12 Jan 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 10 May 18.
Exhibit E: Applicant’s response to Advisory, w/atchs, dated 10 Jul 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.