RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03470
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty be corrected to reflect the following:
a. Block 12b, Separation Date This Period to reflect a date of
separation (DOS) of 24 Aug 82 rather than 12 Aug 82.
b. Block 14, Military Education to reflect Basic Parachutist
Course.
c. Block 17, Days Accrued Leave Paid to reflect zero rather than
11.5.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. His DD Form 214 does not accurately reflect he was on
terminal leave for 11.5 days; therefore, his DOS should be
24 Aug 82.
2. He cannot explain why the basic parachutist course is not
listed on his DD Form 214.
3. He will be denied certain veteran benefits because of these
errors. These benefits are important to him and his family.
The applicant did not provide any documents in support of his
request.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 10 Jun 79 to 12 Aug 82.
By letter, The Defense Finance and Accounting Service (DFAS)
notified the applicant that he was paid all pay and allowances
as well as a lump sum leave in the amount of 11.5 days. Also,
there was no report of terminal leave posted through 24 Aug 85.
On 3 Jun 82, in accordance with (IAW) the provisions of AFR 36-
12, Administrative Separation of Commissioned Officers, the
applicant requested release from extended active duty, effective
2 Aug 82. The specific reasons for the request were:
a) Incompatibility with military environment.
b) Lack of effective use of talents and expertise.
c) Desire to pursue a career in the Criminal Justice
profession.
On 16 Jun 82, the Headquarters 552d Airborne Warning and Control
Wing Commander recommended the applicants application for
release from extended active duty be approved.
On 27 Jul 82, the Secretary of the Air Force approved the
applicants request for release from extended active duty IAW
AFR 36-12, to be effective 2 Aug 82.
On 28 Jul 82, AFMPC/MPCAK01 notified the applicants unit that
his application for separation dated 3 Jun 82 and submitted IAW
AFR 36-12, has been approved to be effective as soon as possible
(ASAP).
According to his DD Form 214, he was separated on 12 Aug 82,
after serving three years, two months and three days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial of his request to change his DOS to
29 Aug 82. DPSOS states applicants who are given a separation
date of ASAP are given at least 10 days to out-process their
unit. Since the unit was notified on 2 Aug 82, a separation
date of 12 Aug 82 is a correct separation date.
The applicants military record contained insufficient evidence
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.
A thorough review of the applicants personnel records reveals
that his DD Form 214 reflects a correct separation date of 12
Aug 82.
The complete DPSOS evaluation is at Exhibit C.
AFPC/DPSIM defers to the Board for a final decision regarding
the applicants request to change block 17 of his DD Form 214 to
reflect zero. The applicant states the 11.5 days of leave
listed in block 17 of his DD Form 214 was never sold back.
The applicant did not provide an AF Form 988, Leave
Request/Authorization to substantiate his claim of using
11.5 days as terminal leave.
The complete DPSIM evaluation is at Exhibit D.
AFPC/DPSIMC recommends denial of his request to add the Basic
Parachutist Course. The applicant served as an active duty Air
Force Executive Support Officer as well as an Aircraft
Maintenance Specialist.
The applicants record does not contain any documentation
indicating he was placed on jump status or completed the
Airborne Training course. IAW Army Regulation 672-5-1, Military
Awards, the Parachutist Badge is awarded for successful
completion of airborne training.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 23 Mar 12 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility (OPR) and adopt their rationale as the basis for
our conclusion 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 applicants 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 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-2011-03470 in Executive Session on 1 May 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPSOS, Letter, dated 15 Feb 12.
Exhibit D. HQ AFPC/DPSIM, Letter, dated 27 Feb 12.
Exhibit E. HQ AFPC/DPSIMC, Letter, dated 19 Mar 12.
Exhibit F. SAF/MRBR, Letter, dated 23 Mar 12.
Panel Chair
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