RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02394
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His time in the inactive Reserve from 25 January 1967 to 12 April 1967, be
credited as active service.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He is becoming disabled and is ineligible for a pension through the
Department of Veterans Affairs (DVA) because he did not complete 90 days of
active service.
In support of the appeal, the applicant submits copies of his discharge
certificates.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force Reserve on 10 January 1967, under
the Delayed Enlistment Program (DEP). He was honorably discharged from the
DEP on 12 April 1967, after completing 3 months and 3 days of inactive
service.
He enlisted in the Regular Air Force on 13 April 1967, for a period of four
years.
During his first week of training, he was referred for a Mental Health
Evaluation because of performance deficiencies and observed anxiety. The
evaluation was completed on 18 April 1967 and because of his lack of
motivation and inability to make a proper adjustment to military training,
a speedy administrative separation was recommended. The discharge
authority approved the recommended action and directed that he be honorably
discharged.
He was honorably discharged on 25 April 1967 under the provisions of AFM 39-
10 (Separation or Release Prior to Expiration of Term of Service for
Convenience of the Government, Unsatisfactory Performance). He completed
13 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied and states, in part, that
unfortunately the applicant cannot be credited with time he did not serve.
The discharge was consistent with the procedural and substantive
requirements of the discharge regulation and within the discretion of the
discharge authority.
The AFPC/DPPRS evaluation 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 29 August 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 relief
should be granted. Although it is unfortunate that the applicant is
ineligible for DVA benefits because he did not complete 90 days of active
service, he cannot be credited with time he did not serve. To do
otherwise, would be an injustice to all the servicemembers who completed
the required active service for entitlement to DVA benefits. We note that
he was involuntarily discharged 13 days after entering active duty due to
his lack of motivation and inability to make a proper adjustment to
military training. The discharge appears to be in compliance with the
governing Air Force Manual in effect at the time of his separation and he
has provided no evidence to indicate that his separation was inappropriate.
Absent persuasive evidence to the contrary, we find no basis to disturb
the existing record.
_________________________________________________________________
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-2003-02394
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 18 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 19 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 29 Aug 03.
BRENDA L. ROMINE
Panel Chair
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