RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05394
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His total active service time reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to include the time he served in the National Guard.
________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214 should reflect more active service time than it currently does. He served for six years in the National Guard with the Army and Air Force, which should qualify his daughter for educational benefits under the Texas Hazelwood Act.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.
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AIR FORCE EVALUATION:
NGB/A1P recommends denial, indicating there is no evidence of an error of injustice. The member provided documentation (NGB Form 22s, a DD Form 214, and multiple duty performance records) outlining his service in the National Guard from Jul 66 through Jul 72. AFI 36-3202, Service Documents, identifies when DD Form 214s are to be issued. For National Guard members, periods of service other than initial active duty for training are not required to be documented on a DD Form 214 as they do not constitute active service. The periods identified on the members duty performance records do not meet the criteria for being documented on a DD Form 214.
A complete copy of the NGB/A1P evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8 Feb 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. The applicant has provided no evidence whatsoever that indicates that his service as a part-time member of the National Guard constitutes continuous active service and, thus, should be documented via a DD Form 214 in contravention to the clear and unambiguous guidance in Department of Defense and Air Force prescribing directives. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05394 in Executive Session on 10 Sep 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05394 was considered:
Exhibit A. DD Form 149, 12 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, NGB/A1P, dated 31 Jan 13.
Exhibit D. Letter, SAF/MRBR, dated 8 Feb 13.
Panel Chair
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