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AF | BCMR | CY2010 | BC-2010-02889
Original file (BC-2010-02889.txt) Auto-classification: Denied
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 applicant’s discharge. However, the applicant 
signed the AF Form 100 with an effective date of separation of 
28 Sep 81. After reviewing the applicant’s 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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