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AF | BCMR | CY2008 | BC-2008-00930
Original file (BC-2008-00930.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-00930
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  COL STAN TWARDY (RET)
                                   HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Numerous corrections be made to his DD Form 214, Certificate of Release
or Discharge from active Duty.

2.  His DD Form 214 and DD Forms 215, Correction to DD Form 214 be combined
into one DD Form 214.

________________________________________________________________

APPLICANT CONTENDS THAT:

He has not lived at the referenced address in 20 years.   Mail  sent  there
will not be received.  His cancer is in remission  and  he  underwent  neck
surgery requiring additional back and knee surgery.

In support of his request, the applicant submits copies of letters from his
counsel, DD Form 214, DD Forms 215; AF Form 973, Request for  Authorization
of Change of Administrative  Orders;  name  change  request  letter,  court
order, public notice and AFPC/DPSS and DPSOY letters.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was released from active service and placed on  the  Temporary
Disability Retired List (TDRL) on 22 January 1986 in the  grade  of  colonel
due to a physical disability.  He remained on the TDRL until 17  July  1987,
at which time he was removed and permanently retired with a 100%  disability
rating.

He served 11 years, 7 months, and 17 days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOA recommends denial  of  his  request  to  change  his  address.
DPSOA states the DD Form  214  is  used  to  verify  military  service,  not
current residence.  The DD Form 214 reflects the  address  provided  by  the
applicant as his  mailing  address  after  his  discharge  or  release  from
military service.  The address in Block 19 is only designed or  intended  to
reflect the address in which he intends to reside after separation  and  may
not be changed as members relocate for personal reasons.   DPSOA  recognizes
that many service members may no longer reside at the  address  provided  at
the time of discharge.  However,  this  form  is  not  designed  to  provide
routine address corrections based on relocation and is not  intended  to  be
utilized as verification of current address for identification purposes,  it
is a record of military service only.

The complete DPSOA evaluation is attached at Exhibit C.

HQ AFPC/DPSD recommends denial  of  his  request  to  change  his  narrative
reason for separation from “temporary” to “permanent.” DPSD  states  the  DD
Form  214  verifies  military  service  at  the  time  of  separation.   His
narrative reason for separation in Block 28, correctly reflects that he  was
placed on the TDRL.  His request to amend or change his DD  Form  214  would
be in violation of Air Force Instructions and is not authorized.

The complete DPSD evaluation is attached at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  responded  to  the  Air  Force  evaluations  with  a  letter
reiterating his previous contentions and additional documentation extracted
from his military records.

His complete response, with attachments, is attached at Exhibit F.

________________________________________________________________

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 warranting the requested changes  to  his
DD Form 214 regarding the narrative reason for his separation, the  addition
of his previous surname, and his change of address.  We agree with  the  Air
Force offices of primary responsibility that these portions of his  DD  Form
214 were properly  completed  and  are  in  compliance  with  the  governing
regulations.  We have been  made  aware  that  his  remaining  requests  are
errors that have been completed administratively and he  will  be  issued  a
new DD Form 214 reflecting those corrections.  Threfore, in the  absence  of
persuasive evidence to the contrary, we find no basis to recommend  granting
the additional relief sought.

________________________________________________________________

THE BOARD RECOMMENDS:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of  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 Docket Number  BC-2008-
00930 in Executive Session on 5 November 2008, under the provisions  of  AFI
36-2603:

                 Ms.  Charlene M. Bradley, Panel Chair
                 Mr.  Garry G. Sauner, Member
                 Ms.  Lea Gallogly, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 1 March 2008, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPSOA, dated 27 May 2008.
      Exhibit D.  Letter, AFPC/DPSD, dated 29 May 2008.
      Exhibit E.  Letter, SAF/MRBR, dated 12 September 2008.
       Exhibit  F.   Letter,  Counsel,  dated  25  September  2008,
w/atchs.





                                   CHARLENE M. BRADLEY
                                   Panel Chair

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