RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00773
INDEX CODE: 130.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
This application for correction of the records of -- was submitted by
(Widow).
APPLICANT REQUESTS THAT:
The former service member’s U.S. Army active duty service, during the
period 7 Jan 47 through 26 May 48, be calculated as part of his total
active federal military service at the time of his permanent
disability retirement on 27 Dec 76.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
In support of her request, the applicant submits copies of the former
member’s DD Form 214, separation papers from the U.S. Army and
additional documents associated with the issues cited in her
contentions. The applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member was involuntarily released from active duty and
placed on the Temporary Disability Retired List (TDRL) on 9 Jun 75 for
a physical disability. He remained on the TDRL until 27 Dec 76, at
which time he was permanently retired with an 80 percent disability
rating. He had completed a total of 23 years, 3 months and 21 days of
active federal military service.
The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibits C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends the application be denied. Following DPPD’s
examination of the former service member’s file, they were unable to
find any miscalculations in his active duty service period to warrant
a change to his military record. The HQ AFPC/DPPD evaluation is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 26
April 2002 for review and response. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the former member has not been the
victim of an error or injustice. Therefore, absent sufficient
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 5 June 2002, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. John B. Hennessey, Member
Mr. Michael Maglio, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number 02-00773:
Exhibit A. DD Form 149, undated , w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 19 Apr 02.
Exhibit D. Letter, SAF/MRBR, dated 26 Apr 02.
THOMAS S. MARKIEWICZ
Vice Chair
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