DOCKET NUMBER: BC-2012-00333
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the following
awards:
1. Air Force Outstanding Unit Award with Valor (AFOUA w/V)
(administratively resolved).
2. Air Force Longevity Service Award (AFLSA).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged one day prior to his date of separation because
his DOS occurred on a weekend. As a result, he was unfairly
deprived of the award of the AFLSA.
In support of his appeal, the applicant provides copies of his
discharge order and a Permanent Change of Station (PCS) order.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on Active Duty from the period 15 Oct 63 to
13 Oct 67 – a period of 3 years, 11 months, and 29 Days. Award of
the AFLSA is contingent upon a full four years of service.
On 16 Mar 12, AFPC/DPSIDR notified the applicant of their
determination of his entitlement to the AFOUA w/V and 1OLC and
corrected his records administratively.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial as the applicant did not meet the
minimum requirement for award of the AFLSA.
A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.
1
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 May 12 for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice with respect to the
applicant’s request for the Air Force Longevity Service Award
(AFLSA). After a thorough review of the evidence of record and
noting the applicant’s contention, we believe he has sufficiently
established that through no fault of his own he was inadvertently
deprived of the opportunity to attain eligibility for the AFLSA
and therefore, is the victim of an injustice. In this respect, we
note that his date of separation (DOS) of 14 Oct 67 did indeed
fall on a Saturday and that in accordance with procedures in
effect at the time he was separated on the preceding Friday,
rendering him one day short of the required four years of active
service for entitlement to the AFLSA. However, had his DOS not
fallen on a weekend date, he would have completed an additional
day of active service and been eligible to receive the AFLSA. It
is not clear whether he was advised of this prior to his
separation and whether he would have had the option of remaining
on active duty two additional days in order to separate on the
following Monday in order to obtain eligibility for the AFLSA.
Regardless, we do believe that it is unjust that he has been
denied eligibility for the AFLSA simply because his DOS fell on a
weekend date. Therefore, we recommend his records be corrected as
indicated below. We note the Air Force office of primary
responsibility has determined his entitlement to the Air Force
Outstanding Unit Award with Valor and with one oak leaf cluster
and have administratively corrected his records, accordingly.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that he was
awarded the Air Force Longevity Service Award (AFLSA).
_________________________________________________________________
2
Panel Chair
Member
Member
The following members of the Board considered AFBCMR Docket Number
BC-2012-00333 in Executive Session on 28 Aug 12 under the
provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jan 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 16 Mar 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 11 May 12.
Panel Chair
3
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