RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02191
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 Nov 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 be corrected to show the highest rank held was airman
second class (E-3).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has no record of his holding rank of airman second class from 1958
to 1960.
In support of the appeal, applicant submits a copy of his DD Form 214.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s records were destroyed by fire at the National Personnel
Records Center (NPRC), in St. Louis, MO; therefore, the following
information has been extracted from the DD Form 214, provided by the
applicant.
Applicant enlisted in the Regular Air Force on 7 Aug 57.
On 24 Jul 61, while serving in the grade of airman third class (E-2),
he was released from active duty under provisions of AFR 39-14, with
character of service being honorable for the convenience of the
government (separation – because of insufficient service retainability
for permanent change of station). He served 3 years, 11 months and 15
days on active duty. He served three years and one day of foreign
and/or SEA service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. Applicant’s DD Form 214 shows his grade
at the time of his separation and no corrective action is required.
The highest grade held during an individual’s enlistment is not
recorded on the DD Form 214.
On 8 Jul 05, applicant submitted an Application for Correction of
Military Record (DD Form 149) requesting that his DD Form 214 be
corrected to show the highest rank held was airman second class (E-3)
and it was returned without action. In a letter dated 18 Aug 05,
AFPC/DPPRS explained to the applicant that the highest grade held is
not recorded on the DD Form 214. They also informed him that if he
still felt there is an error or injustice he could resubmit his
application along with documentation and explain the correction
desired.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a statement saying there was a misunderstanding
by AFPC/DPPRS as to what action he requested. He did not request a
change to his DD Form 214. What he requested was that those military
records which are used by the Department of Veterans Affairs for
determination of veterans benefits be corrected. In summary, he is
requesting that the appropriate records (not the DD Form 214) be
corrected to show that the highest rank he held was Airman second
class (E-3), so the Veterans Administration will have the correct
information at the time of his death for purposes of veterans
benefits.
Applicant's complete response, with attachment, is at Exhibit E.
_________________________________________________________________
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
and adopt their rationale as the basis for the 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
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 this application in
Executive Session on 26 October 2006, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Mr. Todd L. Schafer, Member
Ms. Mary C. Puckett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jun 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 23 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 22 Sep 06.
Exhibit E. Applicant’s Response, dated 25 Sep 06.
MICHAEL J. NOVEL
Panel Chair
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