RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02889
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His AF Form 973, Request and Authorization for Change of
Administrative Orders, Block 5A (travel days) be changed to read
8 days versus 9 days and Block 6 be amended to read 14 Sep 81
vice 15 Sep 81.
2. His DD Form 214, Certificate of Release or Discharge from
Active Duty, Block 12b (separation date this period) be amended
to read 14 Sep 81 vice 15 Sep 81.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The travel time was calculated incorrectly to show 9 days when it
should have read 8 days. There are 2548 miles between Travis AFB
and his home of record. He did not discover this error until the
Veterans Affairs (VA) attempted to collect $30,000 in
readjustment pay that he received 29 years ago. He believes that
the Air Force intentionally extended his date of separation to
15 Sep 81, which put him under the new law that took effect on
the same date. If his date of separation is changed to 14 Sep
81, he will be under the correct federal law.
In support of his request, the applicant provides a copy of his
AF Form 100, Request and Authorization for Separation, a copy of
his AF Form 973, a copy of his DD Form 214, and a copy of a
letter from the VA.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 31 Mar 69
and was progressively promoted to the grade of captain, having
assumed that grade effective and with a date of rank of 30 Mar
90.
The applicant received a narrative reason for separation of
Involuntary release-twiced failed temporary promotion. He was
honorably discharged on 15 Sep 81 after serving 12 years,
5 months, and 15 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states there is insufficient
evidence in his records to confirm the circumstances and facts
surrounding the applicants discharge. However, the applicant
signed the AF Form 100 with an effective date of separation of
28 Sep 81. After reviewing the applicants records, it was
determined his separation date was amended from 28 Sep 81 to
15 Sep 81. Therefore, the separation date reflected on his
DD Form 214 is correct. The applicant asserts his separation
date was intentionally changed, by extending his travel time from
8 days to 9 days that put him under the new law. Nevertheless,
separation dates are not established to offset travel time. In
this case, the applicant completed his travel and was discharged
on 15 Sep 81.
The DPSOS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 13 May 11 for review and comment within 30 days. 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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
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 basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2010-02889 in Executive Session on 9 Aug 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 10 May 11.
Exhibit D. Letter, SAF/MRBR, dated 13 May 11.
Panel Chair
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