RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01232
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be reissued to incorporate multiple active duty tours from
22 Jun 71 through 21 Dec 71.
________________________________________________________________
APPLICANT CONTENDS THAT:
His squadron published orders in increments of less than 90 days
to avoid issuing him a DD Form 214. His previous appeal to the
Board resulted in a DD Form 214 being issued which combined two
active duty tours. He recently discovered documentation
(orders, a travel voucher, and six earnings statements) which
indicates he performed active duty service, from 22 Jun 71
through 19 Aug 71, immediately prior to the period currently
reflected on his DD Form 214 (20 Aug 71 through 21 Dec 71).
In support of his appeal, the applicant provides an expanded
statement and copies of his DD Form 214, AF Form 938, Request
and Authorization for Active Duty Training/Active Duty Tour,
DD Form 1351-2, Travel Voucher or Subvoucher, and six earnings
statements.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
Available military personnel records indicate the applicant was
ordered to active duty on 20 Aug 71, for the purpose of
attending flying transition upgrade training at his home unit
and was released from active duty on 30 Sep 71. On 1 Oct 71, he
was again ordered to active duty to continue his flying
transition upgrade training. On 21 Dec 71, he was released from
active duty.
On 30 Nov 06, the applicant submitted a DD Form 149, Application
for Correction of Military Record, requesting a DD Form 214 be
issued to document both periods of active service. On
11 Dec 06, ARPC/DPSDI issued a DD Form 214 to the applicant for
the period 20 Aug 71 through 21 Dec 71 (Exhibit B).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which are attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSVT determined that corrective action is not authorized,
indicating the documents submitted indicate the applicant was
not in a travel status on 19 Aug 71 as he was not authorized to
travel by his privately owned vehicle (POV) and thus was not
authorized two days of travel from Sheppard AFB, TX to his home
of record. As such, his active service was not continuous from
22 Jun 71 through 21 Dec 71 as the applicant contends.
A complete copy of the ARPC/DPSVT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant refutes the position he was not authorized to use
his POV and therefore only authorized a single day of travel.
His travel voucher reflects an advance payment of $152.40 for
the 1524 miles of authorized travel. The squadron was aware he
was traveling by POV and he was not directed to take any other
form of travel.
A complete copy of the applicants response 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
corrective action. After a thorough review of the available
evidence, including the TDY order and travel voucher provided by
the applicant, we believe sufficient doubt has been raised
regarding the applicants exact itinerary during the period in
question. In view of the above, and to preclude any possibility
of an injustice, we believe any doubt should be resolved in
favor of the applicant. Therefore, we believe his DD Form 214
should be corrected to include the contested period of active
service.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that he
commenced his active duty tour on 22 June 1971, rather than
20 August 1971, and served continuously until 21 December 1971.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01232 in Executive Session on 5 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Mar 10, w/atchs.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, ARPC/DPSVT, dated 19 Apr 10.
Exhibit D. Letter, Applicant, dated 28 Apr 10.
Exhibit E. Letter, SAF/MRBR, dated 10 May 10.
Panel Chair
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