RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03957
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be issued a reconstructed DD Form 214, Certificate of Release or Discharge from Active Duty, or National Archives and Records Administration, NA Form 13038, Certification of Military Service, in lieu of a NA Form 13041, Statement of Service.
APPLICANT CONTENDS THAT:
His issued NA Form 13041 is insufficient documentation for the purpose of receiving veteran affairs burial benefits. He served six years as an enlisted Airman in various reserve components of the air force, 141 days active duty for training and at least seven days of active duty. Also, he was ordered to extended active duty for the contingency operation known as the Berlin Crisis of 1961. His records were destroyed in a fire at the National Personnel Records Center (NPRC); therefore, he provided his military records for reconstruction. As a result, the NPRC should have furnished him a NA Form 13038.
The NPRC did not issue a NA Form 13038 on the basis that they could not find documents confirming the exact number of days he served on active duty. However, regulation requires the issuance of a DD Form 214 based on reserve personnel ordered to active duty for a contingency operation and for reserve personnel being separated from the Air Force after having served 90 days or more of active duty for training. He has a special order which unequivocally confirms that he was a reserve component member ordered to active duty for a contingency operation.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant provided a NA Form 13041, which indicates he enlisted in the Air National Guard on 28 Dec 56.
On 27 Dec 59, the applicant transferred to the Air Force Reserve.
On 26 Sep 61, according to special orders provided by the applicant, he was ordered to extended active duty (EAD), effective 26 Oct 61.
On 7 Oct 61, the applicants EAD tour was revoked.
On 27 Dec 62, the applicant was honorably discharged from the Air Force Reserve. He was credited with three years prior active military service and six years total service completed for pay purposes. He later accepted an appointment in the Navy Reserve on 28 Jun 65.
On 17 Apr 13, the applicant was notified by NPRC that his military personnel records were located in the area most heavily damaged in the fire. However, NPRC previously provided a statement of service to the Navy in 1965 showing Air National Guard and Air Force Reserve service with periods of active duty for training but no active duty. The statement of service was compiled in 1965 from the applicants Air Force record before it was destroyed by the fire.
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 indicating that based on available documentation the applicant does not meet the criteria for a DD Form 214 and he has not provided any documents showing he has met the criteria. In accordance with AFI 36-3202, Separation Documents, to receive a DD Form 214, a member must complete 90 days or more consecutive active duty days or one day or more if in support of a contingency operation. Although, the applicant does have a special order showing he would be called to active duty for the Berlin Crisis, effective 26 Oct 61, he also provided a special order revoking the call to active duty. In addition, contact with an NPRC liaison confirmed that the applicant does not qualify to receive an NA Form 13038. Nevertheless, the applicant has viable documents that should be accepted to verify his military service in the form of an NGB Form 22, Report of Separation and Record of Service in the Air National Guard, statement of service provided by NPRC, and his discharge certificate.
A complete copy of the ARPC/DPTS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant argues that he served a total of more than 90 days of active duty for training during his six year enlistment. His Air Force records were transferred to the NPRC prior to his commission in the Navy. Only a selected few documents were copied and placed into his Navy records. All remaining records, to include his DD Form 214, were destroyed by fire. The NA Form 13038 is equivalent to the DD Form 214 and is warranted in cases where records were destroyed by the NPCR fire.
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. We took notice of the applicants complete submission in judging the merits of the case, including his response to the Air Force evaluation; 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 or injustice. While the applicant contends his DD Form 214 was destroyed by fire and that he meets the requirement to be issued a DD Form 214, other than his own assertions, he has provided no evidence of qualifying active duty time to generate a DD Form 214 for the requested period. Therefore, in the absence of evidence to the contrary, we find no basis for us 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 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-2013-03957 in Executive Session on 10 Jun 14 and 10 Dec 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 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.
Exhibit E. Letter, Applicant, dated 16 Jan 14, w/atchs.
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