RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00023
INDEX CODE: 110.01
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 8 JUNE 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD 214 be amended to reflect that he served 90 days of active duty
service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
VA regulations state that a veteran must have at least 90 days on active
duty to qualify for most VA benefits. Through no fault of his own, he was
discharged for convenience of the government with only 51 days of active
duty service.
In support of the application, the applicant submits an Air Force Discharge
Review Board application (DD Form 293), a copy of his DD 214, and a copy of
his DD 215.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Apr 65, the applicant enlisted in the Regular Air Force at the age of
20 in the grade of airman basic for a period of 4 years.
On 7 Jun 65, the applicant’s squadron and school commanders recommended he
be discharged under the provisions of AFR 39-14, Para 3r, for Academic
Failure and Unsatisfactory Performance. On 8 Jun 65, the discharge
authority approved the recommendation and directed that the applicant be
issued an honorable discharge certificate.
On 11 Jun 65, the applicant was honorably released from active duty service
for convenience of the government. He had served 1 month and 21 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states that based on the
documentation on file in the applicant’s master personnel records, the
discharge was consistent with the procedural and substantive requirements
of the discharge regulation. The discharge was within the discretion of
the discharge authority. The applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing. Additionally, there are no provisions to award an individual
credit for unearned active duty.
The complete DPPRS 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 16 Feb
07 for review and comment within 30 days. As of this date, this office has
received no response (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 its 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 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 BC-2007-00023 in
Executive Session on 17 April 2007, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Rita J. Maldonado, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 5 Feb 07.
Exhibit D. Letter, SAF/MRBR, dated 16 Feb 07.
RICHARD A. PETERSON
Panel Chair
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