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AF | BCMR | CY2008 | BC-2007-02875
Original file (BC-2007-02875.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02875
            INDEX CODE:  100.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The effective date of transfer or discharge data on his DD Form  214,  Armed
Forces of the United States Report of Transfer or  Discharge,  be  corrected
to read 30 April 1963 rather than 1 June 1962.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His AF Form 7, Airman  Military  Record,  reflects  a  12 month  involuntary
extension; however, the extension is not reflected on his DD Form 214.

In support of his request, the applicant provided a copy of his AF Form 7.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 May 1958.  He served as  an
Aircraft Mechanic.

On 1 June 1962, applicant was  honorably  released  from  active  duty.   He
served 4 years 1 month, and 1 day on active duty.

Applicant’s Transfer to  Reserve  Component  memo  dated  17  May  1962  and
Special Order A-274, dated 17 May 1962 reflect a discharge date effective  1
June 1962.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA  states  although  the  applicant’s  AF
Form 7  references  a  one  year  involuntary  extension,  the  overwhelming
documentation does not support his continued  service  in  the  Regular  Air
Force after 1 June 1962.  As stated in paragraph 2  of  the  17  March  1962
memo, the law required the applicant to serve in a Reserve component  for  a
period, when added to the period of active military service, would equal  to
a total of six years.  Based on the applicant’s DD Form 214  which  reflects
a date of entry of 1 May 1958 and Reserve  Order  CA-011545  which  reflects
his discharge from  the  AFRES  effective  30 April  1964,  DPSOA  finds  no
supporting documentation to confirm  or  support  the  applicant’s  request.
Rather, DPSOA finds that the 12-month involuntary extension was required  to
meet the requirements of the law at the time.

DPSOA’s complete evaluation, with attachments, is at Exhibit C.

AFPC/DPSOS recommends denial.  DPSOS states that on 17 May  1962,  applicant
was advised that since he initially enlisted after 9 August 1955 and  before
reaching the age of 26, the law  required  that  he  serve  in  the  Reserve
component for a period which, when added to his period  of  active  military
service, would equal a total of six years.   The  letter  also  advised  the
applicant that he was being transferred to the Air Force  Reserve  effective
2 June 1962 and would remain assigned to the Reserve  until  30 April  1964,
unless sooner relieved.  Applicant acknowledged the above action  and  fully
understood his military service and Reserve obligation.  Effective 30  April
1964, applicant was relieved from assignment to the Air  Force  Reserve  and
honorably discharged.

DPSOS’s complete evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 November 2007, the evaluations were forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  E).   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.   After  a  thorough  review  of  the
evidence of record and the applicant’s submission, we  are  of  the  opinion
that relief is not warranted.  His contentions are duly noted; however,  the
comments  provided  by  the  offices  of   primary   responsibility   (OPRs)
adequately address these allegations.  Therefore, we are in  agreement  with
the comments and recommendation of the OPRs and  adopt  their  rationale  as
the basis for our decision that the applicant has not  been  the  victim  of
either an error or injustice.  In view of the above and in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 Docket Number  BC-2007-
02875 in Executive Session on 6 February 2008, under the provisions  of  AFI
36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Mary Jane Mitchell, Member
                 Ms. Marcy C. Puckett, Member

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 29 August 2007, w/atch.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOA, dated 23 October 2007, w/atchs.
  Exhibit D.  Letter, AFPC/DPSOS, dated 31 October 2007, w/atchs.
  Exhibit E.  Letter, SAF/MRBR, dated 30 November 2007.





                 THOMAS S. MARKIEWICZ
                 Chair

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