I 

DEPARTMENT OF THE AIR  FORCE 

WASHINGTON DC 

OFFICE OF THE ASSISTANT SECRETARY 

AFBCMR  90-02340 

"Y 

2 3  1gg5 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force 
Board  for  Correction  of  Military  Records  and  under  the  authority  of 
Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: 
The 
he  Department  of  the  Air  Force 
relating 
be corrected to show that he was 
not  discharged  on  28 July  1978,  but  on  that  date, he  was  released  from 
active  duty, transferred  to the  Reserve  of  the Air  Force,  with  obligated 
service  until  28  January  1980,  and  furnished  a  separation  program 
designator (SPD) code of "MBK." 

f  Deputyfor 

Air Force Review Boards 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  90-02340 

COUNSEL;  None 

HEARING DESIRED: 

MAY  2  3  1995 

Blocks 9a  (Type of Separation), 9c  (Authority &  Reason), and 13 
(Terminal Date of Reserve/Military  Service Obligation  (MSO)) of 
his DD Form 214 be changed. 

APPLICANT CONTENDS THAT: 
Since  his  reenlistment  eligibility  (RE)  code  was  changed  on 
18 March 1982, the areas in question should also be corrected. 
Applicant's  6  November  1994  letter  to  his  congressman,  with 
attachments, requesting these changes is provided at Exhibit A. 

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Applicant  enlisted  in  the  Regular  Air  Force  in  the  grade  of 
airman basic on 29 July 1974.  He was discharged on 28 July 1978 
in the grade of senior airman under the provisions of AFR  39-10 
with an RE code of 2H  (Identified as alcohol abuser according to 
AFR  30-2  &  has  not  completed  period  of  follow-on  support  for 
alcohol  rehabilitation  treatment)  and  a  separation  program 
designator  (SPD) code of KBK  (Expiration Term of Service).  Block 
13  reflected  IrN/A. I' 
Available military  records do not  provide 
information  concerning  the  circumstances  surrounding  his 
discharge. 
In  a  letter  dated  18  March  1982, the  Director  of  Manpower  & 
Personnel Data Systems, AFMPC/DOAl, advised applicant that the RE 
code on his DD Form 214 was administratively changed from 2H to 
1J (Eligible to reenlist but elects separation or discharge). 

Applicant  subsequently  enlisted  in  the  Regular  Air  Force  on 
10 May 1982 in the grade of sergeant, and is currently serving in 
the Regular Air Force in the grade of master sergeant. 

In an application dated 7 July 1990, he requested that Blocks 9a, 
9c and 13 on his DD Form 214 should also be  changed in view of 
his RE code being changed to 1J.  On 11 January 1991, the Board 
denied applicant's request as untimely.  A copy of the Record of 
Proceedings is attached at Exhibit C. 

g :  
The  Military  Personnel  Technician, AFMPC/DPMARS2,  reviewed  the 
application  and  states that  if  applicant  had  been  given an  RE 
code of 1J at the time he separated, he would have been released 
from  active  duty  and  would  have  fulfilled his  MSO  in  the  Air 
Force Reserve.  Since he was discharged and did not complete his 
MSO, they cannot give him credit for time not served. 

A  complete  copy  of  the  Air  Staff  evaluation  is  attached  at 
Exhibit D. 

A P PLICANT'S REVIRW OF AIR STAFF E VALUATION: 
A complete copy of the Air Staff evaluation was forwarded to the 
applicant on 6  March 1995 for review and comment within 30 days. 
As of this date, no response has been received by this office. 

1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 

2.  The application was not timely filed; however, it  is in the 
interest of justice to excuse the failure to timely file. 

3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice 
warranting  corrections  to  applicant's DD  Form  214. 
In  this 
respect, we note that on 18 March 1982, the Director of Manpower 
and Personnel Data Systems changed applicant's RE code from 2H to 
1J.  In the  absence of  discharge records, we  must  rely on the 
presumption  of  regularity  that  responsible  officials  applied 
appropriate standards in effecting the change in applicant's RE 
code.  In view  of  the  fact that  the  applicant  would  have been 
released from active duty and would have fulfilled his MSO in the 
Air  Force Reserve had  he been given the correct RE code at  the 
time  he  separated,  it  appears  that  the  failure  to  update  the 
related items on his DD Form 214 was an administrative oversight. 
In  view  of  the  above,  and  to  offset  any  possibility  of  an 
injustice, we  conclude that applicant's records be corrected to 
the extent indicated below. 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating  to  APPLICANT,  be  corrected  to  show  that  he  was  not 
discharged  on 28  July  1978, but  on that  date, he  was  released 
from active duty, transferred to the Reserve of  the Air  Force, 

2 

with  obligated  service until  28  January  1980,  and  furnished a 
separation program designator (SPD) code of "MBK. 

The following members of the Board considered this application in 
Executive Session on 27 April  1995,  under the provisions of AFR 
31-3: 

Mr. Douglas J. Heady, Panel Chairman 
Mr. John T. Dorsett, Member 
Mr. Gregory H. Petkoff, Member 

All  members voted  to correct the records, as recommended.  The 
following documentary evidence was considered: 

w/atchs . 

Exhibit A.  Applicant's Letter to C/M Hobson, dated 6  Nov 94, 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Record of Proceedings, dated 11 Jan 91,  w/atchs. 
Exhibit D.  Letter, AFMPC/DPMARS2, dated 14 Feb 95. 
Exhibit E.  Letter, AFBCMR, dated 6 Mar 9 5 .  

DOUGLAS J. HEADY 
Panel Chairman 

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A I R   FORCE  BOARD  FOR  CORRECTION  OF  MILITARY  RECORDS 

RECORD  OF  PROCEEDINGS 

I N   THE  MATTER  OF: 

DOCKET  NUMBER: 

90- 02430 

T h e   r e l e v a n t   f a c t s   p e r t a h i n g   t o   t h i s   a p p l i c a t i o n   a r e   n o t   known  as 
t h e   a p p l i c a n t ' s   m i l i t a r y   r e c o r d s   h a v e   b e e n   l o s t / d e s t r o y e d .  

t h i s   a p p l i c a t i o n   a n d   n o t e d  

t h a t  

r e v i e w e d  
t o  

AFMPC/DPMARS2 
t h e  
a p p l i c a n t   h a s   n o t   f i l e d   a  t i m e l y   r e q u e s t   and  h i s   i n o r d i n a t e   d e l a y  
may  h a v e   c o n t r i b u t e d  
t o  
r e g u l a r i t y   and 
r e v l c x .  
recommend  t h a t   t h e   a p p l i c a t i o n   be  d e n i e d .  
A  complete copy  of 

t h e i r   n o t   h a v i n g   a n   a d e q u a t e   r e c o r d  

t h e   e v a l u a t i o n   is  a t  E x h i b i t   C .  

They  m u s t   rely  on 

t h e   p r e s u m p t i o n   of 

A  copy  of 
3  O c t o b e r   1 9 9 0   f o r   r e v i e w   and 
r e s p o n s e .  
r e s p o n s e   h a s   been  r e c e i v e d   by  t h i s   o f f i c e .  

t h e   A i r   S t a f f   e v a l u a t i o n   was  f o r w a r d e d   t o   a p p l i c a n t   on 
t h i s   d a t e ,   n o  

A s   o f  

I 

- .

. .  ' 
 
. 

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.  * 

.. 

V I

.

 

. . .  

.

.

 

t h r e e   y e a r s   a f t e r  

The  a p p l i c a t i o n   was  n o t   f i l e d   w i t h i n  

1. 
a l l e g e d   error  or 
have  b e e n   d i s c o v e r e d ,   a s  
U n i t e d   S t a t e s   Code 
Although  t h e   a p p l i c a n t   a s s e r t s   a  d a t e   of  d i s c o v e r y   w h i c h   would, 
c o r r e c t ,   make 
gave  r i s e   t o   t h e   a p p l i c a t i o n   were  known 
t h e   a s s e r t e d   d a t e   o f   d i s c o v e r y .  
c o n s t i t u t e d  
t h r e e - y e a r   p e r i o d   f o r   f i l i n g .  

t h e  
i n j u s t i c e   was  d i s c o v e r e d ,   or 
r e a s o n a b l y   c o u l d  
r e q u i r e d   by  S e c t i o n   1552,  T i t l e   1 0 ,  
( 1 0   USC  1552),  and  A i r   F o r c e   R e g u l a t i o n   31-3. 
i f  
t h e   e s s e n t i a l   f a c t s   which 
t o   a p p l i c a n t   l o n g   b e f o r e  
t h o s e   f a c t s  
t h e  

Thus  t h e   a p p l i c a t i o n   is  u h t i m e l y .  

K n o w l e d g e   of 
and 

t h e   b e g i n n i n g   of 

t h e   a p p l i c a t i o n  

t h e   d a t e   of 

d i s c o v e r y  

t i m e l y ,  

- 

t h e  

f i l i n g  

i n t e r e s t   of 

P a r a g r a p h   b  of  1 0   USC  1552 permits  us,  i n   o u r   d i s c r e t i o n ,   t o  
2. 
e x c u s e   u n t i m e l y  
j u s t i c e .  
h a v e  
c a r e f u l l y   r e v i e w e d   a p p l i c a n t ' s   s u b m i s s i o n   and 
t h e   e n t i r e   r e c o r d ,  
and  w e   do  n o t   f i n d   a 
t h e   u n t i m e l y  
f i l i n g   of 
a p p l i c a n t   h a s   n o t   shown  a 
i n   f i l i n g ,   and  w e   are  n o t   p e r s u a d e d  
p l a u s i b l e   r e a s o n   f o r   d e l a y  
t h a t   t h e   r e c o r d   r a i s e s   issues  of  e r r o r   or  i n j u s t i c e   w h i c h   require 
A c c o r d i n g l y ,   we  c o n c l u d e  
r e s o l u t i o n   on  t h e   merits  a t   t h i s   t i m e .  
t h a t   i t   would  n o t   be 
t h e  
u n t i m e l y   f i l i n g   of  t h i s   a p p l i c a t i o n .  

j u s t i c e   t o   e x c u s e  

t h i s   a p p l i c a t i o n .  

s u f f i c i e n t   b a s i s  

i n t e r e s t   of 

t o   e x c u s e  

t h e  

The 

i n  

i n  

We 

- 

...................... 
DECISION  OF  THE  BOARD 
The  a p p l i c a t i o n   was  n o t   t i m e l y   f i l e d   and  i t   would  n o t   be 
i n t e r e s t   of  j u s t i c e   t o   w a i v e   t h e   u n t i m e l i n e s s .  
of 

t o   r e j e c t   t h e   a p p l i c a t i o n   a s   u n t i m e l y .  

i n .  t h e  
I t   is  t h e   d e c i s i o n .  

t h e   B o a r d ,  

t h e r e f o r e ,  

T h e   f o l l o w i n g   members  of 
a c c o r d a n c e   w i t h  
3 1  May  1985: 

i n  
- 
t h e   p r o v i s i o n s   of  p a r a g r a p h   9 ,   AFR  31- 3,  d a t e d  

t h e   Board  c o n s i d e r e d  

t h i s   a p p l i c a t i o n  

Mr.  M a r t i n   H.  R o g e r s ,   P a n e l   Chairman 
Ms.  L.  J u l i e   C o p e n h a v e r ,   Member 
M r .   C.  B r u c e   B r a s w e l l ,   Member 

The f o l l o w i n g   documentary  e v i d e n c e   w a s   c o n s i d e r e d :  

E X H I B I T   A. 
EXHIBIT  B .  
EXHIBIT  C. 
E X H I B I T   D. 

DD  Form  149, d a t e d   7  J u l   90, w / a t c h s .  
A p p l i c a n t ' s   A v a i l a b l e   Master  P e r s o n n e l   R e c o r d s .  
L e t t e r ,   AFMPC/DPMARS2,  d a t e d   3  O c t   9 0 .  
L e t t e r ,   AFBCMR,  d a t e d   3  O C t   9 0 .  

c 

MARTI N  H.  ROGERS 
p a n e l   Chairman 

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9-d23547