RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03225
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His time in service be corrected to reflect 1 day of active
duty during the time of war.
2. He be paid $50,000 for a show he performed at the request of
the base commander.
________________________________________________________________
APPLICANT CONTENDS THAT:
As a professional singer and entertainer, he rendered service to
the Air Force. He was in the Delayed Enlistment Program (DEP)
and was told his pay would accrue from that time. He believed
he was obligated and if not, he should be paid $50.000 for
performing at the request of the base commander.
In support of his appeal, the applicant provides a release from
the Department of Veterans Affairs and his DD Form 214, Report
of Separation from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force who served
from 15 July 1975 through 15 September 1976. Documentation from
his master personnel record reflects his pay date as 16 May
1975.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial. The applicant has not provided
documentation to support his contention that he entered the DEP
in December 1974. He entered the DEP on 16 May 1975, USAF
Reserves and was discharged on 14 July 1975 for entry on to
active duty with the Air Force on 15 July 1975. There is no
documentation in his master personnel record to support the
contention he was in the DEP in December 1974.
His DD Form 4, Enlistment Contract Armed Force of the United
States, clearly reflects he entered the DEP on 15 May 1975. The
time he was in the DEP was counted towards pay as it established
his pay date of 16 May 1975. A period of active duty prior to
7 May 1975 counts as a time of war and provides eligibility for
certain Veterans Administration benefits that he is not
currently eligible.
The applicant has provided no documentation to support his
contention that he performed for the base commander.
The complete DPSIPV 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 13 January 2014 for review and comment within
30 days (Exhibit D). 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 error or injustice. After a
thorough review of the applicants submission in judging the
merits of the case, we are not persuaded that a change in the
record is warranted. The applicants contentions are duly noted;
however, he has not provided substantial evidence to override the
rationale provided by AFPC/DPSIPV. Therefore, we agree with the
Air Force office 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. In the absence of
persuasive 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2013-03225 in Executive Session on 10 April 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jul 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIPV, dated 4 Sep 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 13 Jan 14.
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