RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01110
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His National Archives (NA) Form 13038, Certificate of Military
Service, be changed to indicate his active duty service was for
other than training purposes.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, indicates his active duty service from
13 May 1968 through 12 December 1968; however, his NA Form 13038
indicates the time was for active duty for training.
In support of his appeal, the applicant provides a personal
letter, and copies of his DD Form 214, NA Form 13038, and
National Guard Bureau (NGB) Form 22, Report of Separation and
Record of Service in the Air National Guard.
The applicants complete submissions, with attachments, is at
Exhibit A-1 and A-2.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Pennsylvania Air National
Guard (ANG) who served as a Medical Services Specialist and was
promoted to the grade of sergeant (E-4) with a date of rank of
1 October 1968. His DD Form 214 indicates he served on active
duty from 13 May 1968 to 12 December 1968.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSVT recommends denial. DPSVT indicates they attempted to
obtain the applicants military service records from the National
Personnel Records Center (NPRC); however, they were unable to
receive them due to the records being a biohazard. However, his
DD Form 214, dated 12 December 1968, reflects seven months of
total active duty from 13 May 1968 to 12 December 1968.
The complete DPSVT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The fact that NPRC is unable to provide adequate records due to a
biohazard risk is not his problem. If his DD Form 214 is
adequate proof of his service to his Country, then why provide a
NA Form 13038 at all?
The applicants complete rebuttal is at Exhibit D.
_________________________________________________________________
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. We note the
applicant requests to have his NA Form 13038 for the period
1 October 19665 to 29 January 1966 corrected to reflect active
duty service rather than active duty for training. However,
according to his NGB Form 22, the applicant attended Basic
Military Training (1 October 1965 through 16 November 1965) and
Medical Service Specialist School (17 November 1965 through
29 January 1966) as an Air National Guardsman. Both of these
periods of active service are considered active duty for
training. However, the evidence of record also contains a DD
Form 214 which reflects the applicant served seven months of
active duty service from 13 May 1968 to 12 December 1968. The DD
Form 214 is the source document used for identifying active duty
service. It is also used by the Department of Veteran Affairs to
identify VA benefits qualification. It appears the applicant may
be confused in that he believes the NA Form 13038 is for his
active duty service period, when in fact it is for his active
duty for training period. Based on the foregoing, we find the
applicant has not been the victim of an error or injustice.
Accordingly, in the absence of evidence to the contrary, we find
no 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-2010-01110 in Executive Session on 7 April 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-01110:
Exhibit A. DD Forms 149, dated 19 Dec 10, w/atchs.
Exhibit B. Letter, ARPC/DPAPP, dated 16 Dec 10.
Exhibit C. Letter, SAF/MRBR, dated 7 Jan 11.
Exhibit D. Letter, Applicant, dated 18 Jan 11.
Panel Chair
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