RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01852
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty,
Block 20 “Dates of Time Lost During This Period” be corrected to reflect no
lost time.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214 reflects 27 Apr 81 and 28 Apr 81 as lost days. This is
incorrect as he reported late for duty on 27 Apr 81 and charged with
failure to repair, which was later overturned by the convening authority.
On 28 Apr 81, he was admitted to Shaw AFB, and underwent surgery.
Therefore, 28 Apr 81 is not a lost day of service.
The evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPTOS reviewed this application and recommended denial.
A complete copy of the AFPC/DPTOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and furnished a response which
is attached at Exhibit E.
_________________________________________________________________
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. After careful consideration of
applicant's request and the available evidence of record, we find
insufficient evidence of error or injustice to warrant corrective action.
The facts and opinions stated in the advisory opinion appear to be based on
the evidence of record and have not been adequately rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which entitled,
appropriate regulations were not followed, or appropriate standards were
not applied, we find no basis to disturb the existing record.
_________________________________________________________________
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-
01852 in Executive Session on 11 Jan 11, under the provisions of AFI 36-
2603:
Mr. -----------, Panel Chair
Ms. -----------, Member
Ms. -----------, Member
The following documentary evidence was considered under AFBCMR Docket
Number BC-2010-01852:
Exhibit A. DD Form 149, dated 17 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPTOS, dated 20 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 17 Sep 10.
Exhibit E. Letter, Applicant, undated.
------------
Panel Chair
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