RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00268
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NO

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 August 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, be corrected to reflect the following:  Block 5a  to  read  SSgt;
Block 5b to read E-5; Block 24 to include the Air Force Good  Conduct  Medal
(AFGCM) and Korea Defense Service Medal (KDSM); Block 25 to  include  53250,
Compl 65; Block 28 to read C 24 377 221; and in Block 30,  delete  “31  Days
Excess Leave.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

The incorrect rank and amount of training is reflected on his DD  Form  214.
In addition, the AFGCM and KDSM are missing from the form.  Also,  he  never
received 31 days of excessive leave.  He feels  this  was  probably  medical
leave.

In support of his appeal, the applicant provided copies of his DD Form  214,
his performance report closing 1  June  1968,  and  National  Archives  Form
13059, Transmittal of and/or Entitlement to Awards.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 17 August 1964, the applicant enlisted in the Regular Air  Force  at  the
age of 18 for a period of four years in the  rank  of  airman  basic  (E-1).
The applicant was progressively promoted to the rank of sergeant (E-4)  with
a date of rank of 1 October 1966.

On 16 August 1968, the applicant was  released  from  active  duty  with  an
honorable characterization of service  and  transferred  to  the  Air  Force
Reserve for the balance of his service obligation.  He was credited  with  4
years of active duty service, of which 1 year, 1  month,  and  15  days  was
foreign service.  His  DD  Form  214,  identified  his  decorations  as  the
National Defense Service Medal (NDSM) and  Small  Arms  Expert  Marksmanship
Ribbon (SMEMR).

The applicant was honorably discharged from the Air Force Reserve  effective
16 August 1970 for completion of his military service obligation.

On 14 February 2007, AFPC/DPPPWB notified the applicant  that  the  evidence
he submitted with his appeal (Air  Force  Form  910,  TSgt,  SSgt,  and  A1C
Performance Report, closing 1 June 1968, with “SSgt” and “53250” in  section
VI highlighted), indicates the rank or  skill  level  for  the  position  he
held, not his actual rank or skill level.  His actual rank at the  time  the
report was written is correctly reflected in Block 3 as “Sgt.”

On 27 February 2007,  AFPC/DPPAT  notified  the  applicant  that  they  were
unable to verify his completion of a formal training course  for  Air  Force
Specialty Code (AFSC) 53250.  In accordance to  Air  Force  Instruction  36-
3202, Separation Documents, the requested training  is  not  applicable  for
Block 25, Education and Training Completed, of the DD  Form  214.   Instead,
his award of AFSC 53250 is documented  in  Block  23a,  Specialty  Number  &
Title, of the form.

On 8 March 2007, the applicant’s DD  Form  214  was  corrected  to  add  the
AFGCM, KDSM, and the Air Force Longevity Service Award.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSO recommends denial to delete “31 Days Excess Leave” from  Block  30
of the applicant’s DD Form 214.  DPSO states the  applicant  did  not submit
documentation supporting his claim that he did not take 31  days  of  excess
leave as is stated on his DD Form 214.  The DD Form 214 was signed  by  both
the applicant and transitioning officer  at  the  time  of  his  separation.
With no evidence to support the  applicant’s  contention,  DPSO  is  of  the
opinion that Block 30 of the DD Form 214 is not in error nor has  it  caused
an injustice by the Air Force.

The DPSO 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  23
March 2007 for review and response 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 error or injustice.  In regard to the applicant’s  request  for
award of the KDSM and AFGCM, we note  his  DD  Form  214  has  already  been
corrected by AFPC to reflect these awards; therefore, we will  only  address
the applicant’s requests for corrections to his DD Form 214  concerning  his
rank,  formal  education/training  courses,  and  excess  leave.   After   a
thorough  review  of  the  available  records,  we  found  no  evidence  the
applicant’s DD Form 214 is incorrect in regard to his  rank  or  the  formal
education/training courses he completed.  As pointed out in the  letters  to
the applicant from AFPC/DPPPWB and AFPC/DPPAT, we feel the applicant may  be
confused about the fact that block 5a  of  the  DD  Form  214  displays  the
authorized grade of the applicant’s position and not his actual  rank;  and,
that block 25 displays formal education and training courses  completed  not
highest level of AFSC achieved.  In  regard  to  the  applicant’s  assertion
that he did not take any excess leave, he has not provided  any  documentary
evidence  to  substantiate  his  claim.   Based  upon  the  presumption   of
regularity in the conduct of governmental affairs, we must assume  that  the
entry “31 Days Excess Leave” in block 30 of the applicant's DD Form  214  is
proper and in compliance with appropriate directives.  We find  no  evidence
of error or injustice in the  available  records  and  without  evidence  to
support the applicant's appeal; we find no basis  upon  which  to  favorably
consider  this  application.   Therefore,  in  view  of  the  foregoing,  we
conclude that no basis exists upon which to recommend  favorable  action  on
his request.

_________________________________________________________________

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 15 May 2007, under the provisions of AFI 36-2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Mr. Don H. Kendrick, Member
                 Mr. John B. Hennessey, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2007-00268
was considered:

      Exhibit A.  DD Form 149, dated 25 Jan 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPSO, dated 12 Feb 07.
      Exhibit D.  Letter, SAF/MRBR, dated 23 Mar 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair