RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03486
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be issued a DD Form 214, Certificate of Release or Discharge From Active Duty, from the Air Force.
2. His DD Form 214 reflect he was authorized and awarded the Army Small Arms Ribbon with the Bronze Service Star, and all other earned awards.
3. His name, as reflected in his service documents, be corrected to reflect , instead of .
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He never received a DD Form 214 documenting his service in the Air Force.
2. He would like his records corrected to reflect his Small Arms Ribbon with one Bronze Service Star (BSS) and any other awards and decorations.
3. He would like his birth name recorded on his service documents.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Air Force Reserve on 20 Oct 84, after honorably serving three years in the United States Army.
On 19 Oct 87, the applicant was relieved from his Reserve assignment and honorably discharged.
On 28 Aug 13, AFPC/DPSIRP notified the applicant that in accordance with AFI 36-2608, Military Personnel Records Systems, his request to change his name from to could not be approved. A change is permitted if there is evidence the Air Force erroneously recorded the data in question and a review of his records revealed that he served and was discharged under the name of .
The remaining 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.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial of the applicants request for the issuance of a DD Form 214 to document his service in the Air Force Reserve. In accordance with AFI 36-3202, Separation Documents, to receive a DD Form 214, a member must complete 90 or more days of consecutive active service, or serve one or more days in support of a contingency operation. Based on the available documentation, the applicant does not meet the stated criterion. As for his request to correct his records to reflect he was awarded the Army Small Arms Ribbon with Bronze Service Star, since the applicants DD Form 214 is an Army issued form, the Air Force does not have the authority to update any awards and decorations the member earned while serving in the Army. As such, the applicant should request assistance from the Army Review Boards Agency.
A complete copy of the ARPC/DPTS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6 Jan 14 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 with respect to the applicants request that he be issued a DD Form 214 to document his service in the Air Force Reserve. We took notice of the applicant's 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 its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice with respect to his request for a DD Form 214. As for his request to correct his records to reflect that he was awarded the Army Small Arms Ribbon with one Bronze Service Star, this Board is without authority to grant the requested relief. In this respect, we note the award the applicant is requesting is an Army award and, as such, the applicant should address this request to the Army Board for Correction of Military Records (ABCMR) for resolution. Finally, with respect to the applicants request that his name, as reflected in his military records, be corrected to reflect , instead of , in the absence of any evidence that his name as currently reflected in his military personnel records was somehow erroneously recorded, we agree with the determination of AFPC/DPSIRP that no corrective action is required. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-03486 in Executive Session on 29 Apr 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03486 was considered:
Exhibit A. DD Form 149, dated 15 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, ARPC/DPTS, dated 22 Nov 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14.
Panel Chair
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