RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01705
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be
amended in items 11 (Primary Specialty Number), 12a (Date Entered AD This
Period), 12c (Net Active Service This Period), 12h (Effective Date of Pay
Grade), 13 (Decorations, Medals, Badges, Citations And Campaign Ribbons
Awarded Or Authorized), 14 (Military Education), 18 (Remarks), 19a
(Mailing Address After Separation), 19b (Nearest Relative), and 29 (Dates
of Time Lost During This Period).
HQ Air Force Personnel Center (AFPC) has administratively corrected his
requests with the exception of item 29 and his request for award of the
Air Force Longevity Service Award (AFLSA).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214 is incorrect and should be corrected to reflect the
proper information.
In support of his appeal, the applicant provides a copy of his DD Form
214, two training certificates, a verification (of training completion)
request, two AF Forms 910, Enlisted Performance Report (EPR), and copies
of his enlistment paperwork.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant began his military service by enlisting in the Regular Air
Force on 19 June 1998. On 15 July 2002, he was sentenced to confinement
for life with possibility for parole, forfeiture of all pay and
allowances, and a reduction in grade to airman basic (AB). On 30 April
2003, after being found guilty of four separate charges stemming from
incidents that took place on 10 February 2001, he was court-martialed on
30 April 2003 and dishonorably discharged on 5 December 2007. He is
currently in confinement at the United States Disciplinary Barracks at
Fort Leavenworth, KS.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIMC recommends denial of the applicant’s request to change block
29 of his DD Form 214 to reflect the dates 15 July 2002 – 29 October
2007. DPSIMC states the applicant did not provide sufficient evidence to
validate his claim. Therefore, absent evidence showing an error, block
29 cannot be changed.
DPSIMC’s complete evaluation is at Exhibit C.
AFPC/DPSIDR recommends denial of the applicant’s request he be awarded
the AFLSA. DPSIDR notes the applicant did not meet the minimum
requirements for award of the AFLSA: four years of honorable active
Federal military service. The applicant had less than three years of
service and not all of his service was honorable.
DPSIDR’s complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 12
August 2009 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
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 including the
administrative relief provided by the Air Force; however, we agree with
the opinions and recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our 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 Docket Number BC-
2008-01705 in Executive Session on 17 September 2009, under the
provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Steven A. Cantrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Apr 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIMC, dated 11 May 09.
Exhibit D. Letter, AFPC/DPSIDR, dated 26 Jun 09.
Exhibit E. Letter, SAF/MRBR, dated 12 Aug 09.
CHARLENE M. BRADLEY
Panel Chair
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