RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04122

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The following be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge:

a.	The Purple Heart Medal.  (Administratively Corrected)

b.	Foreign Service in the Republic of Vietnam. 

APPLICANT’S CONTENTIONS

He served in Vietnam from approximately July 1972 to September 1972 and was wounded at Da Nang on 19 August 1972.  Without this correction, he is not eligible to be interred at Arlington National Cemetery.

In support of his appeal, the applicant provides photos of himself in Da Nang, a copy of Special Order G-1929 awarding him the Purple Heart, copies of his DD Forms 214, letters and postmarks indicating APO San Francisco (SF) 96337 and free postage for being in a combat zone.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 5 November 1968, the applicant entered the Regular Air Force.  

According to DD Form 214 for the period 5 November 1968 to 29 October 1972, Block 22c, Foreign and/or Sea Service, the applicant completed one year of Foreign Service.  In addition, Block 30, Remarks, lists Foreign Service in Indochina, but lists “No” for Vietnam and Korea.  

On 31 August 1972, Headquarters Seventh Air Force (PACAF), APO SF 96307, issued Special Order G-1929, awarding the applicant the Purple Heart for wounds incurred as a direct result of a hostile force on 18 August 1972.

According to postmarks provided by the applicant, he listed APO SF 96337, as the return address for his deployed location.  The legible postmarks also have various date stamps, which indicate the letters were sent in August 1972.  

As noted on Overseas Zip Code APOS Years 1965 to 1984, APO SF 96337 was the designation code for Da Nang, Vietnam and APO SF 96307 was the designation code for Tan Son Nhut AB, Vietnam.  

According to DD Form 214,  with date entered active duty period of 30 October 1972, the applicant served an additional four years of service and was honorably discharged on 29 October 1976.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

Department of Defense Instruction (DoDI) 1336.1, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), which establishes and implements policy for the preparation and distribution of the DD Form 214, does not include a provision for update of temporary duty (TDY) assignments/locations on the DD Form 214.  AFI 36-2110, Total Force Assignments, states; use a combination of the following documents to verify completed TDY assignments: travel vouchers, PCS orders, decoration citations, enlisted or officer performance reports and records review Report on Individual Personnel.  

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the applicant’s request for Foreign Service time in the Republic of Vietnam.  A review of the applicant’s master personnel records confirmed Foreign Service in Thailand, but not in the Republic of Vietnam. 

The complete advisory opinion 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 20 December 2019 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

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 non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3AM against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant provided postmarked envelopes with his name and official date stamps from August 1972, which show that he was in a location that had an APO SF 96337 address.  According to Overseas Zip Code APOS Years 1965 to 1984, APO 96337 was the designated zip code for Da Nang, Vietnam.  Furthermore, the applicant’s official military human resource record also contained a copy of Special Order G-1929, which was published by Headquarters Seventh Air Force (PACAF) awarding him the Purple Heart for wounds incurred as a direct result of a hostile force on 18 August 1972.  The order was published in Tan Son Nhut, Vietnam.  As such, the Board finds that the preponderance of the evidence supports the applicant’s claim and is sufficient to verify he had “Boots-on-Ground” in Vietnam.  Although the Board cannot conclusively determine the exact dates the applicant was in Vietnam, based on the evidence, the Board recommends he be issued a “Boots-on-Ground” letter to show that he served in the Republic of Vietnam.  As noted above, specific locations are not annotated on a member’s DD Form 214; therefore, the applicant can use the Board directive as proof of “Boots-on-Ground” in the Republic of Vietnam.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show he had “Boots on Ground” in the Republic of Vietnam.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will 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-2019-04122 in Executive Session on 8 May 2020:

	, 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 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 13 December 2019.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 December 2019.

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