RECORD OF PROCEEDINGS e
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: 96-01175
COUNSEL: NONE
HEARING DESIRED: YES
Applicant requests that his records be corrected to reflect that
.he was not honorably discharged from the Air Force Reserve for
failure to reply to official correspondence.
Applicant's
submission is at Exhibit A.
4
-'The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant ' s request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
Accordingly, applicant's request is denied.
The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members
Peterson
27 Jan
Instruct
of the Board Ms. Charlene M. Bradley, Mr. Richard A.
, and Mr. Henry Romo, Jr., considered this application on
98 in accordance with the provisions of Air Force
ion 36-2603 and the governing statute, 10 U.S.C. 1552.
CHARLENE M. BRADLEY
Panel Chair
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR RESERVE PERSONNEL CENTER
MEMORANDUM FOR AFBCMR
1535 Command Dr EE Wing 3rd Floor
Andrews AFB MD 20331-7002
FROM: HQ ARPCIDPAD
6760 E lrvington PI #I700
Denver CO 80280-1 700
I. The requested correction cannot be accomplished administratively at this headquarters.
2. The applicant requests copies of correspondence that he failed to reply to, that resulted
in his discharge.
3. The following is an analysis of the case:
a. The applicant was discharged on 4 June 1957 per Reserve Order Number 35,
4 June 1957, for failure to reply to official correspondence. The correspondence he has
requested involves the Air Force offering him an indefinite appointment in the United States
Force Reserve. If a response was not received, the member was discharged for failure to
reply to official correspondence. He feels his discharge was unjust since he recalls
receiving no correspondence offering him an indefinite appointment or any other
correspondence that he failed to reply to.
b. A copy of the letter sent to the member is not part of his Military Personnel Record.
However, the Reserve Order is in his record and clearly states he failed to reply to official
correspondence and was subsequently discharged. The military personnel record
maintained for each member does not include a copy of every piece of correspondence that
was generated for that member. Furthermore, the time to question any action taken was in
1957, not 1994. Per his military pay record, he was awarded a payment of $300.00 for
“mustering out”, and he could have raised the issue of his discharge at that time.
ilitary record was audited on 25 August 1994 to determine if he was
ed pay. To establish eligibility for retired pay at age 60, a member
C.
eligib
must have completed a minimum of 20 years of satisfactory federal service. His record
indicates he has 14 years, 8 months and 14 days of honorable service; hbwevet, only 6
years, 9 months and 10 days of this
t. This was explained to hi
s satisfactory years
ed official the Hono
s additional documentation in his
possession that would change our audit, he is not eligible for Reserve retired pay or any
benefits associated with such pay.
9 September 1994. Unless
4. Recommendation: That the discharge of 4 June 1957 remain in effect. Since the
correspondence in question does not exist, a copy cannot be furnished. The only
document to substantiate the discharge action is the Reserve Order Number 35, 4 June
1957, which the member has in his possession. The member was discharged effective
4 June 1957 for failure to respond to official correspondence and is not eligible for retired
pay at age 60, or any benefits associated to retired pay at age 60.
5. If you have any questions, please contact Joan Daniels at DSN 926-6366 or by E-mail:
jdanielsaarpc-emhl .den.disa.mil.
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