RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2013-04043
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from the Armed Forces of
the United States, be amended to include his service in the
United States Coast Guard Merchant Marines from January
1946 through December 1946 and update his total years of active
service for benefits and pay purposes.
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APPLICANT CONTENDS THAT:
The years of active service from the Coast Guard Merchant
Marines are not included on his DD Form 214 for retirement.
In support of the applicants appeal, he provides a memorandum
from AFPC/JA, dated 19 July 2002, a memorandum from AFPC/DPPAOR,
dated 24 July 2002, and copies of his military personnel
records.
The applicant's complete submission, with attachments, is at
Exhibit A.
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STATEMENT OF FACTS:
Special Order AC-17327 Retirement Order reflects the applicant
retired on 1 November 1967 in the grade of master sergeant with
20 years, 3 months and 20 days of active service for retirement.
On 24 July 2002, AFPC/DPPAOR advised the applicant that it had
been determined that the U.S. Merchant Marine time is not
creditable for years of active service in the armed forces. The
DD Form 214 was only used for certifying qualifying service
under Public Law 105-368 which states This document, issued
under Public Law 105-368 (46 USC Chapter 112), administratively
establishes active duty service solely for benefits under
Chapter 23 (relating to burial benefits) and chapter 24
(relating to interment benefits) of Title 38 United States
Code. Therefore, there was no additional pay credit to be
awarded.
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AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial. DPSIPV states the applicant
submitted a request to correct his records in 2002 to include
his service in the Merchant Marines. His application was acted
upon administratively and returned to him on 24 July 2002
stating there was no additional pay credit to be awarded and the
case did not require referral to the Air Force Board for
Correction of Military Records (AFBCMR).
On 19 January 1988, the Secretary of the Air Force, Edward C.
Aldridge, Jr., determined that the service of the American
Merchant Marine in Oceangoing Service during the period of armed
conflict, December 7, 1941 to August 15, 1945, shall be
considered active duty under the provisions of public law 95-
202 for the purposes of laws administered by the Veterans
Administration (VA). Although technically not part of the
United States Merchant Marine, civil service vessels in
oceangoing service or foreign waters are also included as part
of this approved group.
On Veterans Day in 1998, President Clinton signed Public Law
105-368. A provision of this law states - service during the
period, 16 August 1945 to 31 December 1946, shall be considered
active duty for the purpose of eligibility for certain limited
veterans benefits.
The documentation the applicant provided indicates he served in
the Merchant Marines from 23 January 1946 to 31 December 1946;
however, this service is not creditable toward retired pay
eligibility. Service performed under the provisions of Public
law 105-368 states that service during the period 16 August 1945
to 31 December 1946 shall be considered active duty for the
purpose of eligibility for certain limited veterans benefits
through the VA.
The issuance of a DD Form 214 for the Merchant Marine time is to
document eligibility for VA benefits for service members that
may not otherwise be eligible to receive burial in a national
cemetery. The applicant has three other DD Form 214s including
one issued at his retirement, all of which establish his
eligibility for VA benefits.
The applicants DD Form 214 was issued on 31 October 1967 and
the change in the law did not occur until 1998 to include
service through 1946. A DD Form 214 is not updated to include
future actions. The DD Form 214 issued by the Coast Guard is
the method used to document the Merchant Marine service.
There has been no error or injustice committed in his case. No
additional pay credit or benefits beyond what he is already
entitled to can be granted.
The DPSIPV complete evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 June 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
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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 an error or an 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
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence 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.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2013-04043 in Executive Session on 4 September 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 June 2002, w/atchs.
Exhibit B. Letter, AFPC/DPSIPV, dated 31 May 2013.
Exhibit C. Letter, SAF/MRBR, dated 21 June 2013.
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