RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04641

XXXXXXXXXXXXXX	COUNSEL: NONE

XXXXXXXXXXXXXX (APPLICANT)	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The decedent’s official military human resource record (MHRR) be updated to reflect Foreign Service in Vietnam.  

APPLICANT’S CONTENTIONS

The decedent was diagnosed with Parkinson’s disease due to Agent Orange exposure during his service in Vietnam.  However, since his records do not reflect service in Vietnam, the applicant has been unable to acquire the financial compensation associated with the decedent’s his service. 

In support of her appeal, the applicant provides: Special Order TJ-15, dated 10 Feb 67 indicating  that on 10 Feb 67, the decedent was scheduled to go on temporary duty (TDY) assignment to Vietnam for approximately eight days; Special Order A-439, dated 13 Oct 67 indicating that on 14 Oct 67, the decedent was again scheduled to go TDY to several locations, including Vietnam for approximately eight days; and a letter from the decedent’s neurologist requesting that his military records be reviewed for disability, as he may have been exposed to Agent Orange while in Vietnam.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The decedent is a retired Air National Guard chief master sergeant (E-9).  

On 21 Jan 56, DD Form 4, Enlistment Contract-Armed Forces of the United States, shows that the decedent initially entered the Air National Guard. 

According to the decedents Chronological Listing of Service, he was attached to the XXX Airlift Wing from 21 Jan 56 to 29 Sep 72. 

On 30 Oct 87, the decedent was honorably discharged from the Air National Guard and on 1 Nov 87, and he was transferred to the Retired Reserve List.  

On 15 May 19, according to a Certificate of Death, provided by the applicant, the decedent had passed away.   

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

AIR FORCE EVALUATION

NGB/A1PP recommends denying the application.  A copy of the orders provided by the applicant were not in the decedent’s official military record and the authenticity of the orders cannot be validated.  In addition, the orders submitted are not certified, do not indicate if he was under Title 10 or Title 32 authority, and it is unknown if the orders were executed or cancelled.  Additionally, Special Order A-439, dated 13 Oct 67, states that the purpose was for training and listed several different locations and it is unclear how much time was spent at any of the locations.  Without completed travel vouchers for the identified period and an NGB Form 22, Report of Separation and Record of Service, Departments of the Army and the Air Force, for the period 21 Jan 62 through 20 Jan 68, NGB/A1PP is not able to recommend approval. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Apr 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04641 in Executive Session on 25 Jun 20:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 1 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 Apr 20.

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.