RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03755

XXXXXXXXXX	COUNSEL: XXXXXXXX

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His official military records be corrected to show his temporary duty (TDY) to the Republic of Vietnam (RVN).

APPLICANT CONTENDS THAT:

The omission of his service in the RVN prevents him from making a claim for exposure to Agent Orange.  During his assignment in the Republic of the Philippines, he and two other airmen were selected to go on a one-week TDY assignment to the RVN to assist the Air Force Office of Special Investigations.  The applicant’s complete submission, with attachments, are at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former sergeant (E-4) who served in the Regular Air Force as a security policeman from 22 September 1967 to 21 September 1971.  For more information, see the excerpt of the applicant’s record at Exhibit B.

AIR FORCE EVALUATION:

AFPC/DP3AM recommends denying the application.  They are able to verify Foreign Service boots on ground in the Republic of the Philippines from 20 January 1968 to 22 July 1969 (1 year, 6 months, 3 day).  However, there is no evidence the applicant served 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 4 June 2018 for comment (Exhibit D), but has received no response.

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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of his request.  In particular, the applicant has provided “buddy statements,” which are sufficient to justify granting boots on ground in the Republic of Vietnam.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  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 APPLICANT be corrected to show corrected that he had boots on ground in the 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-2017-03755 in Executive Session on 9 August 2018:

Panel Chair 
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 July 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 10 April 2018.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 June 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.