RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03552
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, be changed to reflect her release from active duty as
8 Nov 05, instead of 4 Oct 05.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her DD 214 should reflect that she was released from active duty
on 8 Nov 05, instead of 4 Oct 05 as directed by the Secretary of
the Air Force (SECAF).
In support of her request, the applicant provides a copy of her
NGB Form 22, National Guard Bureau Report of Separation and
Record of Service; DD Form 214, a letter from ARPC/DPT, a letter
from SAF/MRBR, and her rating decision from the Department of
Veteran Affairs.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 7 Sep 04, the applicant enlisted in the Oklahoma Air National
Guard (OKANG).
On 21 Jun 05, the applicant commenced her initial active duty
for training active duty tour and proceeded to Basic Military
Training (BMT).
On 25 Jun 05 while performing her initial Physical Readiness
Training (PRT), the applicant sustained a muscle pull in her
left hip.
On 30 Aug 05, a Line of Duty Determination (LOD) was initiated
to determine if the applicants left strain of Sartorius was
incurred in the Line of Duty (LOD).
According to information extracted from the Military Personnel
Data System (MILPDS), on 27 Sep 05, an Informal Physical
Evaluation Board (IPEB) was conducted for the applicants
injury. The IPEB recommended a ten percent disability rating.
On 29 Sep 05, the legal office concurred with a recommended
finding of in the LOD.
On 4 Oct 05, the applicant was relieved from active duty and
issued a narrative reason for separation of Termination of
Initial Active Duty Training.
On 5 Oct 05, the SECAF determined the applicant to be physically
unfit for continued military service and directed she be
honorably discharged from the OKANG with severance pay under the
provisions of Title 10 USC § 1208.
In accordance with AFI 36-3212, Physical Evaluation For
Retention, Retirement, and Separation, paragraph 8.16.2.2, if a
member is found unfit for duty after a Physical Evaluation Board
(PEB) and does not require further hospitalization, the member
is returned home to await final disposition action.
On 1 Nov 05, the applicant was honorably discharged from the
Oklahoma ANG with a narrative reason for separation of Medical
Disqualification. She was credited with 3 months and 15 days
of total active service.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial indicating there is no evidence of
an error or an injustice. The applicant indicates that she was
injured during her Initial Active Duty Training (IADT) and on
27 Sep 05, an IPEB recommended her for discharge. On 5 Oct 05,
the SECAF recommended discharge, effective 1 Nov 05. The
applicant is requesting that her separation date for this period
in block 12b on the DD 214 be changed to reflect 1 Nov 05 to
allow her to be eligible for benefits based on her medical
disqualification.
The applicants DD Form 214 was created for her continuous
active duty from 21 Jun 05 to 4 Oct 05 and indicates she
returned to her unit after termination of her IADT.
In accordance with AETCI 36-2215, Technical and Basic Military
Training Administration, Table 12.16, item 3, eliminated ANG
students are returned to their home unit for disposition or
discharge by the state. The applicant was properly transferred
to the ANG and discharged effective 1 Nov 05.
On 26 Feb 13, the applicant was notified that her DD Form
214 would not be corrected and her NGB Form 22 should be used as
a source document for her medical separation.
A complete copy of the DPTS evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Jul 13 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 an error or injustice. We took
notice of the applicants 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 the rationale expressed as the basis for our
conclusion the applicant has not been the victim of an error of
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief.
________________________________________________________________
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-2012-03552 in Executive Session on 31 Jul 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03552 was considered:
Exhibit A. DD Form 149, dated 27 Apr 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, ARPC/DPTS, dated 8 Jul 13.
Exhibit D. Letter, SAF/MRBR, dated 24 Jul 13.
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