RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00836
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Date of Separation (DOS) be changed to 15 Sep 64.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
Because he elected to separate early (25 Jun 64), he is
ineligible for a non-service connected pension through the
Department of Veterans Affairs (DVA). Had he elected to
separate on his normal expiration term of service (ETS)
(15 Sep 64), he would have been eligible.
The DVA offers non-service connected pensions for military
members, with little to no income, who served during a wartime
period. The DVAs criteria for non-service connected pensions
for wartime Vietnam era veterans, who served in the Republic of
Vietnam, begins on 28 February 1961 through 7 May 1975; in all
other cases for wartime veterans during the Vietnam era, the
period begins 5 August 1964 through 7 May 1975. (Authority:
38 U.S.C. 101(29)).
In support of his appeal, the applicant provides a personal
statement; letters from family members and his medical provider;
a copy of his DD Form 214, Report of Transfer and Discharge,
issued in conjunction with his 25 Jun 64 separation, and other
supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on 15 Sep 60,
for a period of four years. He was honorably released from
active duty and transferred to the Air Force Reserve, on
25 Jun 64, with a reason for separation of Separation for the
Convenience of the Government. He was credited with 3 years,
9 months, and 11 days of active duty service. He was honorably
discharged from the Air Force Reserve on 14 Sep 66.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, stating, in part, based on the
documentation on file in the master personnel records, the
discharge was appropriately administered and within the
discretion of the discharge authority. The applicant did not
provide any evidence that an error or injustice occurred in the
processing of his discharge warranting a change to his DOS.
In addition, they found insufficient evidence contained within
the applicant's military record to confirm the circumstances and
facts surrounding his discharge. Absent the documentation,
there is a presumption of regularity in which the applicant was
afforded due process and the discharge was consistent with
procedural and substantive requirements of the discharge
regulation.
The complete AFPC/DPSOS evaluation, with attachment, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Jun 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 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.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-00836 in Executive Session on 22 September 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 9 Jun 11.
Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11.
Panel Chair
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