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AF | BCMR | CY1998 | 9601175
Original file (9601175.pdf) Auto-classification: Denied
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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