RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00849
COUNSEL: NONE
XXXXXXXXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His service records be compiled to show that he is a veteran
with benefits earned.
2. His records show entitlement to pay from time of enlistment
through the date of his discharge on 11 Sep 1962.
________________________________________________________________
APPLICANT CONTENDS THAT:
He served in the Air Force from 12 Sep 1954 to 11 Sep 1962 and
he does not have a copy of his records which were destroyed in a
fire at the National Personnel Records Center (NPRC) in 1973.
He received one check for 8 years and 45 days of service and he
has earned benefits that cannot be accessed because he does not
have a copy of his military service records.
In a letter, dated 11 Oct 2012, he provides a chronological
listing of his military service.
In support of his request, the applicant provides a personal
statement, copies of DD Form 256, Discharge Certificate, Air
Force Forms 635, Pay Information Record, National Archives Form
13075; Questionnaire About Military Service, Congressional
Inquiries and various other documents associated with his
requests.
________________________________________________________________
STATEMENT OF FACTS:
The applicants records were destroyed as a result of a fire in
1973 at the NPRC. A copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty, is not available. His
records include a copy of his DD Form 256 which reflects his
discharge from the Air Force on 11 Sep 1962.
On 24 Aug 2012, the Air Reserve Personnel Center (ARPC) stamped
the applicants DD Form 256, making it an official copy.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial of the applicants request to
compile his service records. DPTS states they are unable to
further rebuild the applicants records and there is no
indication that the applicant is entitled to an identification
card. DPTS states that based on available documents, they can
only confirm that the applicant enlisted in the Air Force on
12 Sep 1954 and was discharged on 11 Sep 1962 with 8 years total
service. DPTS is unable to verify specific dates of training
drills as the applicants record is incomplete and there is no
documentation available to determine further service. However,
the applicant is clearly a veteran based on his known service
and may be eligible for Department of Veterans Affairs (DVA)
benefits for which he must contact the DVA to determine
eligibility. Furthermore, DPTS states that the applicant
indicates a date of discovery of 1969, past the 3 year limit for
discovery. The applicant has exhausted all efforts for
administrative relief.
The complete DPTS evaluation is at Exhibit C.
DFAS-POCC/DE recommends denial of his request to reflect pay
entitlements. DFAS states that Department of Defense
Instructions (DODI) 1340.21, dictates that the claimant must
prove, by clear and convincing evidence, on the written record
that the United States is liable to the claimant for the amount
claimed. All relevant evidence to prove the claim should be
presented when a claim is first submitted. In the absence of
the compelling circumstances, evidence that is presented at
later stages of the administrative process will not be
considered. This rule was formally stated in Title 4, code of
Federal Regulations. Moreover, the documents submitted by the
applicant do not meet the burden of proof required. Since these
records no longer exist for this time period, DFAS is unable to
verify whether or not the applicant already received special pay
for this duty.
The complete DFAS evaluation is at Exhibit D.
________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 6 Sep 2013 for review and comment within 30 days
(Exhibit E). To date, a response has not been received.
________________________________________________________________
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 opinions and
recommendations of the Air Force offices of primary
responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or 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 that 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-2013-00803 in Executive Session on 12 Dec 2013 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 12, w/atchs.
Exhibit B. Applicants Available Personnel Records.
Exhibit C. Letter, ARPC/DPTS, dated 5 Apr 13, w/atchs.
Exhibit D. Letter, DFAS-POCC/DE, not dated.
Exhibit E. Letter, SAF/MRBR, dated 6 Sep 13.
Panel Chair________________________
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