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AF | BCMR | CY2005 | BC-2005-01266
Original file (BC-2005-01266.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01266
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  17 October 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to include his Navy Reserve time and  his  Federal  Civil  Service
employment time so he would be eligible  for  a  20-year  retirement  letter
from the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There is no error or injustice in his record; however, he  is  requesting  a
20-year retirement letter from the Air Force based on his total active  duty
time of 17 years, 11 months, and 6 days, his  Navy  Reserve  time,  and  his
Federal  government  employment  with  the  Air  Force  so  he  can  receive
Concurrent Pay Receipt from the Veterans Administration.

In support of his application, the applicant provides a personal  statement,
copies of his military personnel records (Navy and Air  Force),  and  copies
of  his  records  pertaining  to  his  Federal  civilian  employment.    The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 21 January 1964, the applicant enlisted in the Regular Air Force  at  the
age of 21 in the grade of staff sergeant (E-4) with a date  of  rank  of  21
January 1964.  He had previously served on active duty in the Navy  from  13
January 1960 to 10 December 1963, and then transferred to and served in  the
Navy Reserve until his enlistment in  the  Air  Force.   The  applicant  was
medically retired effective 18 December 1977 with a 50%  disability  due  to
permanent physical disability.  He was credited with a total of 17 years,  2
months, and 26 days of active duty service, of which 1 year, 10  months  and
28 days was Air Force active duty service.

On 18 August 1978, the applicant was  awarded  a  50%  combined  compensable
disability rating from the Department  of  Veterans  Affairs  for  residuals
sprain of lumbosacral spine, rated  at  40%,  and  impaired  visual  acuity,
rated at 20%.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states that a DD Form 214 is  to  show  a
member’s active duty time.  Time spent in the Reserves and employment  as  a
Federal government employee is not active duty.  The applicant’s request  to
amend or change his  DD  Form  214  would  be  in  violation  of  Air  Force
Instruction and is not authorized.  The DPPD  evaluation,  with  attachment,
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  20
May 2005 for review and response within 30 days (Exhibit D).  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 probable error or injustice.  After a thorough  review  of  the
available records, we found no evidence that the  individual’s  records  are
in error.  We note the applicant’s request that the time he  served  in  the
Navy Reserve and the time he was employed as a Federal  government  employee
be included to qualify him for a  20-year  active  duty  service  retirement
from the Air Force; however, time spent in the Reserves and employment as  a
Federal government employee is not active duty.  To  grant  the  applicant’s
request would be contrary to the governing Air  Force  regulations  and  the
law.  Therefore, we agree with the assessment by the  Air  Force  office  of
primary responsibility and adopt their conclusions as our findings  in  this
case.  Accordingly, the applicant’s request is not favorably considered.

_________________________________________________________________

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 20 September 2005, under the provisions of AFI 36-2603:

            Ms. B. J. White-Olson, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Janet I. Hassan, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-01266:

    Exhibit A.  DD Form 149, dated 12 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 20 May 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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