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AF | BCMR | CY2003 | bc-2003-01127
Original file (bc-2003-01127.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-01127

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His first enlistment be included on his DD Form 214,  Report  of  Separation
from Active Duty, and his retired pay be recalculated.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His first enlistment is not calculated into his  DD  Form  214  and  retired
pay.  He had continuous service from 6 November 1967 to 29 February 1992.

In support of the appeal, the  applicant  submits  a  copy  of  his  Retiree
Account Statement, and copies of his DD Forms 214.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 November  1967,  for  a
period of four years.  He served continuously  until  his  retirement  on  1
March 1992, in the grade of senior master sergeant.  He  was  credited  with
24 years, 3  months, and 25 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-RPB-TQAL/CL recommends the application be denied and states,  in  part,
that the applicant was credited  with  continuous  service  from  6 November
1967 to 1 March 1992.

The DFAS-RPB-TQAL/CL evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 16 May 2003 for review and response within 30 days.  However, as of  this
date, this office has received no response.

_________________________________________________________________

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.  After a thorough review  of  the  evidence
of record and applicant’s submission, we are not persuaded  that  his  first
enlistment is  not  calculated  into  his  DD  Form  214  and  retired  pay.
Applicant’s contentions are duly  noted;  however,  the  office  of  primary
responsibility has reviewed his service total and  determined  that  he  has
been credited with continuous service from the date he began active duty  (6
November 1967) until his retirement (1  March  1992).   In  the  applicant’s
case, the DD Fm 214, as amended, issued in conjunction with his 29  February
1992 release from active duty and retirement, reflects 13 years, 10  months,
and 10 days of active service for the period covered by the DD Form 214,  as
well as 10 years, 5 months, and 15 days  of  prior  active  service,  for  a
total of 24 years, 3 months, and 25 days.  In  view  of  this,  and  in  the
absence of evidence to the contrary, we find that he has failed  to  sustain
his burden that he has suffered either an error or an injustice.  Hence,  we
find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

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  Docket  Number  BC-2003-01127
in Executive Session on 5 November 2003, under the  provisions  of  AFI  36-
2603:

                       Ms. Brenda L. Romine, Panel Chair
                       Mr. James W. Russell, III, Member
                       Ms. Leslie E. Abbott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-RPB-TQAL/CL, dated 6 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 03.


                                   BRENDA L. ROMINE
                                   Panel Chair

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