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AF | BCMR | CY2003 | bc-2003-02394
Original file (bc-2003-02394.doc) Auto-classification: Denied

                            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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