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AF | BCMR | CY2013 | BC-2013-00849
Original file (BC-2013-00849.txt) Auto-classification: Denied
 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 applicant’s 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 applicant’s DD Form 256, making it an official copy.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPTS recommends denial of the applicant’s request to 
compile his service records.  DPTS states they are unable to 
further rebuild the applicant’s 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 applicant’s 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.  

________________________________________________________________

APPLICANT’S 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.  Applicant’s 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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