RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-01698
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, reflect time served in items 12c - Net Active Service This
Period; 12d - Total Prior Active Service; 12e – Total Prior
Inactive Service; and 12f – Foreign Service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes time served should be added to items 12c through f of
his DD Form 214.
In support of the applicant’s appeal, he provides a copy of his
DD Form 214.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 September
1979.
Prior to entering the service, the applicant failed to indicate
on his Statement of Personal History that he pled guilty to and
was found guilty of petty theft on 2 October 1978for which he was
sentenced
$250.00.
Additionally, he failed to indicate his plea of guilty to and
conviction of the charge of prowling on 2 October 1978 for which
he was fined $100.00.
On 28 March 1980, the applicant was discharged in the grade of
airman basic with a general (under honorable conditions)
discharge under the provisions of AFM 39-12 (Misconduct,
Fraudulent Enlistment).
_________________________________________________________________
confinement
to
30
days
and
fined
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states a review of the
applicant’s master personnel records and documentation submitted
failed to provide any documents that substantiate foreign service
time. The applicant only served six months on active duty with
no foreign service time.
The DPAPP complete evaluation is at Exhibit C.
AFPC/DPSIPV recommends denial. DPSIPV states the applicant was
discharged for misconduct, fraudulent enlistment. The applicant
did not disclose a civilian conviction prior to entering active
duty.
In accordance with AFI 36-3202, Separation Documents, Table 4,
note 3, “Time spent in an enlistment that is determined to be
fraudulent and has been specifically terminated by reason of
fraud is not creditable service” and is not included on the DD
Form 214. Also, the DoD Financial Management Regulation, Volume
7A, Chapter 1, paragraph 010102 - (Service Not Creditable)
A.1 states “The time served in an enlistment that is terminated,
voided, or invalidated as fraudulent” is not creditable for pay.
Since the applicant’s enlistment was terminated due to fraud the
time he served on active duty is not creditable service.
The DPSIPV complete evaluation, with attachments, is at Exhibit
D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 July 2012, copies of the Air Force evaluations were
forwarded to the applicant for review and response within
30 days. 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
2
applicant’s contentions are duly noted; however, we agree with
the opinions and recommendations of the Air Force offices of
primary responsibility and adopt their 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 an 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-2012-01698 in Executive Session on 25 October 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01698 was considered:
Exhibit A. DD Form 149, dated 2 April 2012, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 19 June 2012.
Exhibit D. Letter, AFPC/DPSIPV, dated 26 June 2012, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 26 July 2012.
3
AF | BCMR | CY2013 | BC-2013-00110
The overseas long tour ribbon was omitted based on incorrect Foreign Service time on her DD Form 214. The complete DPAPP evaluation is at Exhibit C. AFPC/DPSIPV states that the applicants DD Form 214 reflects an incorrect Date Entered Active Duty (Item 12a) and will be corrected to read 12 Aug 77. However, both the DD Form 214 and DD Form 215, Correction to the DD Form 214, reflects the applicants full service time.
AF | BCMR | CY2013 | BC-2012-02505
Records reveal he was released from active duty on 16 July 1965 and transferred to the Air Force Reserve to complete his military service obligation that expired on 25 July 1967. _________________________________________________________________ THE BOARD DETERMINES THAT: 2 The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the...
AF | BCMR | CY2014 | BC 2014 00687
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00687 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, Block 18, Record of Service, be corrected to reflect his service in the Air Force. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached...
AF | BCMR | CY2009 | BC-2009-00811
His DD Form 214, Enlisted Record and Report of Separation Honorable Discharge, be changed to reflect his date of enlistment (DOE) as 22 December 1944 rather than 22 December 1945. In support of his request, applicant provides copies of letters from the Veterans Service Office/Department of the Army Review Boards Agency, his birth certificate and DD Form 214. ________________________________________________________________ THE BOARD DETERMINED THAT: The applicant be notified that the...
AF | BCMR | CY2013 | BC 2013 05418
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05418 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show his dates of service during the Vietnam Era. A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant agrees that the DD Forms 214 have the correct dates of his...
AF | BCMR | CY2010 | BC-2009-00489
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00489 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his correct enlistment date; his correct duty assignments; and all medals that are due him. The applicant continued military service in the...
AF | BCMR | CY2013 | bc-2013-00555
By letter, dated 27 Jan 13, the applicant amended his request to change his DD Form 214 to reflect a medical disability with an honorable character of service to coincide with his Department of Veterans Affairs (DVA) ratings. Had the Air Force known of this condition at the time of his enlistment, he would not have been allowed entry into the military. The complete BCMR Medical Advisor evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S...
AF | BCMR | CY2011 | BC-2011-00537
He was sentenced in accordance with his pleas by a military judge to a bad conduct discharge, confinement for nine months, reduction to the grade of airman basic (E-1), and a fine of $10,000 with the provision that he would serve an additional three months confinement if he did not pay the fine. The remaining relevant facts, extracted from the applicants military service record, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C, D, and...
AF | BCMR | CY2012 | BC-2012-02356
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02356 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records reflect his foreign service at Kadena Air Base (AB) Okinawa. The Board notes that the Air Force office of primary responsibility states the information provided failed to support the applicants claim of Foreign Service at Kadena AB,...
AF | BCMR | CY2012 | BC 2012 05692
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial, indicating the applicants master personnel records do not contain information that reflects his service in the Dominican Republic. While we note the applicant provided a copy of temporary duty orders reflecting an itinerary to the Dominican Republic, these orders alone are not sufficient to substantiate that he traveled to the Dominican Republic as he contends. However, we...