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AF | BCMR | CY2006 | BC-2006-00803
Original file (BC-2006-00803.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00803
                                       INDEX CODE:  128.05
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 September 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be credited with three additional days of active duty to attain 22  years
of total active federal military service (TAFMS) which  he  had  as  a  goal
before retiring.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Consolidated Base Personnel  Office  (CBPO)  told  him  the  three  days
adjustment would be made; however, he never received  a  corrected  DD  Form
214, Report of Separation from Active Duty.

In support of his application, he provides a copy of his  DD  Form  214  and
his  retirement  order.    The   applicant’s   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force effective 3 October 1955  at
the age of 18 and remained on active duty  until  he  voluntarily  requested
retirement effective 1 October 1977.  He was progressively promoted  to  the
grade of technical sergeant with a date of  rank  of  1  August  1973.   The
applicant was released from active duty effective 30 September 1977 with  an
honorable characterization of service and retired effective 1 October  1977.
 He served 21 years, 11 months, and 28 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRRP recommends the application be  denied.   DPPRRP  states  the  DD
Form 214 records a member’s actual TAFMS so, because the applicant  did  not
actually serve on active duty from 1-3 October 1977, his DD  Form  214  does
not require a correction.  As to the applicant’s contention that  he  had  a
goal of reaching exactly 22  years  TAFMS,  his  military  personnel  record
shows otherwise.  His record contains a letter, dated 23 September 1976,  in
which he requests reconsideration of his request made on  1  September  1976
to voluntarily retire effective 1 December 1976.

DPPRRP states there would be no difference in the  applicant’s  retired  pay
if he had served the additional three days  requested  or  an  entire  month
after 30 September 1977.  To change his DD Form 214 to show  three  days  of
active duty that the applicant did not serve would serve  no  purpose.   The
AFPC/DPPRRP evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  21
April 2006 for review and comment within 30 days.  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  an  error  or  injustice.   Evidence   indicates   that   the
applicant’s TAFMS was exactly 21 Years, 11 months, and 28 days.   While  the
applicant contends his intentions were to serve 22 years and the CBPO  would
make  the  3-day  adjustment,  he  provides  no  evidence  to  support  this
contention.  The applicant believes he has been the victim of  an  error  or
injustice; however, we find no evidence that would lead  us  to  believe  he
was treated differently from other similarly situated  members.   Therefore,
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.   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 8 June 2006, under the provisions of AFI 36-2603:

                  Mr. Wayne R. Gracie, Panel Chair
                  Mr. John B. Hennessey, Member
                 Mr. Todd L. Schafer, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-00803:

    Exhibit A.  DD Form 149, dated 13 Mar 06, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRRP, dated 10 Apr 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Apr 06.




                                   WAYNE R. GRACIE
                                   Panel Chair

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