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AF | BCMR | CY2006 | BC-2005-01769
Original file (BC-2005-01769.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01769
            INDEX CODE:  110.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  5 DEC 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 (Report of Separation from the Armed Forces of  the
United States) be  corrected  to  include  active  duty  Air  Force
Reserve time from 1954 to 1966.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He does not have a DD Form  214  showing  active  duty  time  while
serving in the Air Force Reserve from 1954 to 1966.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted in the  US  Army  on  15  Sep  42.   He  was
honorably discharged on 4 Dec 43 and  was  credited  with  1  year,
2 months, and 20 days of service for longevity pay.

On 5 Dec 43, he was commissioned in the  Reserve  grade  of  second
lieutenant in the US Army Air Corp and entered extended active duty
(EAD).  DD  Form  214,  dated  12 Dec 45,  reflects  applicant  was
released from EAD  in  the  grade  of  first  lieutenant.   He  was
credited with 2 years and 7 days of active duty service.

DD Form 214, dated 20 Apr 53, reflects  applicant  entered  EAD  on
9 Apr 51 and was released from EAD in the grade of captain.  He was
credited with 2 years and 12 days of active duty service.

He was progressively promoted to the grade  of  lieutenant  colonel
with an effective date and promotion service date of 5 Dec 64.

On 3 Jan 72, he was assigned  to  the  USAF  Reserve  Retired  List
effective 3 Jan 72 based on Title 10, USC,  Section  1332  (maximum
commissioned service of 28 years and 30 days) and was credited with
28 years, 9 months, and 16 days of satisfactory federal service.

On  4  May  05,  applicant  was  advised  that  the  DD  Form  214,
Certificate of Release or Discharge From Active Duty, is issued for
90 days or more of continuous active duty time.  His AF  Form  712,
Air Reserve Forces  Retirement  Credit  Summary  does  not  reflect
90 days or more of continuous active duty  in  the  years  1954  to
1966.  The most active duty reflected during this period was in the
1959 – 1960 year, which was only 30 days.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/PSD reviewed this application and recommended denial.  They
provided the following analysis of the case:

      Applicant’s DD Form 214 was issued for the specific period of
time 9 Apr 51 to 20 Apr 53 (period of mobilization).  The adding of
additional time to a DD Form 214 after the closing date, unless  it
is continuous with the stated period is  prohibited.   He  did  not
have any active duty of qualifying length to have  another  DD Form
214 issued.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 29 Jul 05 for review and comment within 30  days.   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  applicant  has
not been the victim of an error or injustice.   Therefore,  in  the
absence of 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 AFBCMR Docket  Number
BC-2005-01769 in Executive Session on 24 January  2006,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. Jay H. Jordan, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 May 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/PSD, dated 12 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.




                                   MARILYN M. THOMAS
                                   Vice Chair

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