RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05007
COUNSEL: NONE
HEARING DESIRED: YES
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APPLICANT REQUESTS THAT:
He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, reflective of his continuous honorable reserve service.
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APPLICANT CONTENDS THAT:
Based on his continuous Reserve service without a break between 17 May 75 and 15 Jun 06, 31 good years of service, the DD 214 should show something other than ****** in the discharge area.
The applicants complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:
On 17 May 75, the applicant initially entered the Air Force Reserve.
On 15 Jun 06, the applicant was transferred to the Air Force Reserve Retired list (awaiting pay at age 60).
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
_______________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice. The applicant records indicate that he does not meet the criteria to receive a DD form 214 ending on 15 Jun 06. Per AFI 36-3202, Separation Documents, para 4.5, Table 2, to receive a DD Form 214 a member must complete 90 or more days of consecutive active duty service or one or more days if in support of a contingency operation. Per Reserve Order EK-3946, dated 10 Apr 06, the applicant was relieved from his assignment at that time and reassigned to the Air Force Reserve Retired List (awaiting pay at age 60) effective 15 Jun 06. His term of enlistment has been extended for an unspecified period of time. The applicant does not meet eligibility for a final DD Form 214. He is not discharged, but currently assigned to the USAF Retired Reserve List. While there are multiple instances where the member may qualify for another DD Form 214 within his career, the applicant would have to provide active duty orders and/or travel voucher documenting any qualifying service.
A complete copy of the ARPC/DPTS 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 10 Feb 14 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 error or injustice. 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 ARPC/DPTS and adopt their rationale as a basis for conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested 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-2013-05007 in Executive Session on 2 Sep 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Sep 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTS, dated 30 Dec 13.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 14.
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