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AF | BCMR | CY2013 | BC 2013 05663
Original file (BC 2013 05663.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05663

		 	COUNSEL:  NONE
	
			HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation From Active Duty, effective 26 Sep 78, be changed to reflect his total active service dates as 11 Dec 71 through 26 Sep 78.  


APPLICANT CONTENDS THAT:

His contested DD Form 214 reflects he was credited with six years, nine months, and seven days total active service.  However, the Army Benefits Center-Civilian will not process his Military Buyback Post-56 Deposit for retirement until his total active service dates of 11 Dec 71 through 26 Sep 78 is annotated on his current DD Form 214.  

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 10 Dec 71.  

On 13 Feb 77, the applicant was furnished an honorable discharge, and was credited with five years, two months, and four days of total active service.  

On 14 Feb 77, the applicant enlisted in the Regular Air Force for a period of four years.

On 26 Sep 78, the applicant was honorably released from active duty and transferred to the Air National Guard (ANG).  He was credited with one year, seven months, and three days of active service for the period and credited with six years, nine months, and seven days of total active service.  

On 27 Sep 78, the applicant enlisted in the United States Air National Guard for a period of five years.  

On 14 Dec 80, the applicant was relieved from his assignment and furnished an under other than honorable conditions (UOTCH) discharge from the ANG and transferred to the Individual Ready Reserve (IRR), effective 15 Dec 80.  

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/DPSIPV recommends denial.  The applicant was issued two separate DD Form 214s reflecting his total active service.  The initial DD Form 214 covers the period of 10 Dec 71 through 13 Feb 77 and the subsequent DD Form 214 covers the period of 14 Feb 77 through 26 Sep 78.  The DD Form 214s cannot be combined into one document; however, they should be used together as though they are one document to reflect his total active service.  

A complete copy of the AFPC/DPSIPV 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 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 (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-2013-05663 in Executive Session on 6 Nov 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Dec 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIPV, dated 26 Mar 14, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 14.

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