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AF | BCMR | CY2001 | 9903351
Original file (9903351.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03351

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed $492.00 for Deoxyribonucleic Acid (DNA)  testing  performed
on his child.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  requested  that  his  child  be  enrolled  in  the  Defense   Enrollment
Eligibility Reporting System (DEERS) and was told by  a  Military  Personnel
Flight (MPF) representative that he needed to provide a DNA  test  to  prove
his paternity.

The applicant states that he telephoned his base clinic and  was  told  that
DNA testing was not available.  He went to a civilian center  and  paid  for
the service himself.  He returned to the MPF with the DNA test  results  and
was told that he needed a paternity test.   After  reviewing  the  governing
Air Force Instruction (AFI), he realized the DNA test was not necessary.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
staff sergeant.

On 20 October 1999, the applicant’s son was born.

In a North Carolina Department of Health and Human  Services,  State  Center
for Health Statistics - N.C.  Vital  Records,  Affidavit  of  Parentage  for
Child Born Out of Wedlock dated  21 October  1999,  the  applicant  and  the
child’s mother certified they were the child’s parents.

A  DNA  Parentage  Report,  dated  10  November  1999,  indicates  that  the
probability that the applicant was the parent of the child was 99.97%.

The applicant’s child is enrolled in DEERS.

_________________________________________________________________

AIR FORCE EVALUATION:

The Field Activities Division,  AFPC/DPSFR,  reviewed  the  application  and
states  that  although  the  applicant  was  given  erroneous  advice,   the
government  cannot  be  responsible  for  an  agent’s  mistake  or  omission
pertaining  to  the  criteria  listed   within   established   instructions.
Therefore, they recommend the application be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 4 February 2000, for review and response within 30 days.  However, as  of
this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  Although  AFPC/DPSFR  agrees  the
applicant  was  given  erroneous  advice,  they  recommend  denial  of   the
requested relief  stating  the  government  cannot  be  responsible  for  an
agent’s mistake  or  omission  pertaining  to  the  criteria  listed  within
established instructions.  We disagree.  Therefore, in an effort  to  afford
the applicant full, yet fair, relief for the expenses he  incurred  for  the
DNA testing, we have resorted to a “creative” form  of  records  correction.
In view of the above, we recommend  the  applicant  be  afforded  relief  by
correcting his records as 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 in a  temporary  duty  status
at Maxwell AFB, Alabama for five days beginning on 1 April 2001.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 2 May 2000, under the provisions of AFI 36-2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Ms. Leta L. O’Connor, Member
                  Mr. Charlie E. Williams, Member

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

      Exhibit A.  DD Form 149, dated 11 Dec 99, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPSFR, dated 20 Jan 00.
      Exhibit D.  Letter, SAF/MIBR, dated 4 Feb 00.




             TERRY A. YONKERS
                                  Panel Chair





AFBCMR 99-03351




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 pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was in a temporary duty
status at Maxwell AFB, Alabama for five days beginning on 1 April 2001.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


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