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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