RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05660
COUNSEL: NONE INDICATED
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation From Active Duty, effective 30 Sep 1974, be corrected to reflect and credit him with his total foreign service.
APPLICANT CONTENDS THAT:
His four previously issued DD Form 214s indicate he was awarded foreign service, but there is no mention of foreign service on his final DD Form 214. As such, he is unable to join the Veterans of Foreign Wars (VFW) or receive Combat Related Special Compensation (CRSC), without verification of his foreign service.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 30 Sep 1974, the applicant was relieved from active duty and retired, effective, 1 Oct 1974, and was credited with 20 years and 24 days of total active service.
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:
AFPC/DPSOR recommends denial. The applicant failed to prove the data was recorded incorrectly as outlined by governing directives/policy or that the document was prepared in error. In accordance with Air Force Instruction 36-3202, Separation Documents, only periods of foreign service earned during the effective dates of the DD Form 214 will be recorded. The applicants contested DD Form 214 records an active period of service as 7 Dec 1968 to 30 Sep 1974. It is common misperception that all prior DD Form 214 data is consolidated to a retirement DD Form 214. Each document carries its own weight as a record for a specific period of active duty and one does not replace another. They are all valid certificates of discharge and appropriately record specialties, service dates, and training earned for the time periods specified on each document. A review of the applicants record indicates that the data in block 18f (foreign service) as reads 00 years, 00 months, and 00 days is correct as reflected on his 30 Sep 1974, DD Form 214.
A complete copy of the AFPC/DPSOR 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 8 Sep 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. 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 that 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 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-2013-05660 in Executive Session on 28 Oct 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Dec 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 3 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 14.
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