SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1982-01513
COUNSEL: None
XXXXXXXXXXXXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In his appeal for reconsideration, applicant requests three days of lost
time (1-3 Nov 74), as well as information used by the Air Force to justify
the lost time, be expunged from his DD Form 214 and military records.
_________________________________________________________________
STATEMENT OF FACTS:
In January 1982, the applicant requested his DD Form 214 be amended to
reflect that, among other things, the period 1-3 Nov 74 was not lost time
and that he had a total of four years and three days of active service.
His request was considered and denied by the Board on 17 Jan 83.
The applicant has requested reconsideration several times throughout the
years, all of which were denied because he provided no evidence meeting the
criteria for reconsideration. An appeal was reconsidered and denied by the
Board on 6 Jan 05. For an accounting of the facts and circumstances
surrounding the rationale of the earlier decisions by the Board, see the
Addendum to the Record of Proceedings (ROP) at Exhibit P.
On 17 Oct 07, the applicant submitted another request for reconsideration.
In support of this request, he provides a copy of an analysis of the ROP
dated 17 Jan 83, prepared by an attorney. However, the applicant does not
have documented counsel. The applicant’s complete submission is at Exhibit
Q.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, it was determined that there was insufficient evidence
to show that the three days of lost time, to include any information used
to justify the lost time, should be expunged from his records. After a
careful reconsideration of his request and his most recent submission, we
do not find the evidence presented sufficiently compelling to warrant a
revision of the earlier determinations in this case. As indicated earlier
in the USAF/JAG legal evaluation, the reference to “lost time” on the
applicant’s DD Form 214 is not dependent upon a criminal proceedings
outcome, but rather it is a matter of availability to fulfill a member’s
military obligation or duty and thus, creditable service. It remains our
opinion that the three days of “lost time” were properly annotated on his
DD Form 214. In view of the above and absent persuasive evidence that an
error or injustice exists in his record, that he was denied rights to which
he was entitled, or that he was treated differently than similarly situated
individuals, we find no compelling basis to recommend overturning the prior
decisions to deny this appeal.
_________________________________________________________________
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 Docket Number BC-1982-01513
in Executive Session on 8 Nov 07 under the provisions of AFI 36-2603:
Ms. Martha J. Evans, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Michael J. Novel, Member
The following documentary evidence relating to Docket Number BC-1982-01513
was considered:
Exhibit P. Record of Proceedings, dated 6 Jan 05,
w/Exhibits.
Exhibit Q. Letter, Attorney, dated 17 Oct 07.
MARTHA J. EVANS
Panel Chair
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