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AF | BCMR | CY2014 | BC 2014 00211
Original file (BC 2014 00211.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-00211

   						COUNSEL:  NONE

						HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

1.  His date of discharge be corrected to reflect 17 December 
1956.

2.  His rank be corrected to reflect airman first class (A1C).


APPLICANT CONTENDS THAT:

His records were destroyed by fire at the National Personnel 
Records Center (NPRC).

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


STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 18 December 1952.

On 5 December 1956, the applicant was honorably discharged in the 
grade of airman second class.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states the applicant’s 
records were destroyed in the fire that occurred on 12 July 
1973 at the NPRC.

The NPRC was able to provide the applicant a NA Form 13038, 
Certificate of Military Service.  This document verifies military 
service and may be used for any official purpose.  This document 
indicates that the applicant’s date of separation from the Air 
Force was 5 December 1956.  It also indicates that the applicant 
received an honorable discharge.


In addition to the NA Form 13038, the applicant’s record contains 
a copy of his DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge.  Although this copy is of poor 
quality, our office can see that the DOS listed on the form shows 
5 December 1956.  In addition to this form, there is also a 
document entitled “Application for Certificate of Eligibility Cal-
Vet Farm and Home Purchase – Veterans Educational Assistance.”  
This document was prepared 29 May 1961 and it lists the 
applicant’s DOS as 5 December 1956.  There is no other 
documentation located in the applicant’s record.  The applicant 
has not submitted a timely application and it has been almost 
58 years since the applicant separated from the service.  The 
applicant did not provide any evidence or supporting documentation 
contrary to the effective date of separation currently listed on 
both his DD Form 214 and NA Form 13038.

The date of separation is correct as indicated on the applicant’s 
DD Form 214.  The applicant did not submit any evidence or 
identify any errors or injustices in the discharge processing.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOE recommends denial.  DPSOE states the applicant’s record 
was destroyed by fire at the NPRC in 1973.  The NPRC provided a 
NA Form 13038, Certification of Military Service, reflecting his 
“last grade, rank, or rating” as airman second class.  However, 
the applicant’s DD Form 214 reflects his rank at time of discharge 
as AlC with a date of rank (DOR) as 1 February 1956.  He was 
discharged as an AlC on 5 December 1956 after serving 3 years, 
11 months and 18 days on active duty.

The applicant is requesting correction to a document that is not 
under Air Force control.  It is recommended that he petition NPRC 
to correct his NA Form 13038 to coincide with the information 
reflected on his DD Form 214.

A complete copy of the AFPC/DPSOE evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 27 October 2014 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


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.  Based upon 
the presumption of regularity in the conduct of governmental 
affairs and without evidence to the contrary, we must assume that 
the applicant’s date of discharge and rank of airman first class 
as indicated on his DD Form 214, is proper and in compliance with 
appropriate directives.  As noted by AFPC/DPSOE, the applicant’s 
NA Form 13038 reflects the applicant’s rank as airman second 
class.  This is not an Air Force Form and is not under Air Force 
control.  The applicant would have to petition NPRC to correct 
this form to coincide with his DD Form 214.  Therefore, we find no 
evidence of error or injustice in the available records.  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 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.


The following members of the Board considered AFBCMR Docket Number 
BC-2014-00211 in Executive Session on 2 April 2015, under the 
provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 13 January 2014, w/atchs.
  Exhibit B.  Applicant’s Available Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOR, dated 14 August 2014.
  Exhibit D.  Letter, AFPC/DPSOE, dated 26 September 2014.
  Exhibit E.  Letter, SAF/MRBR, dated 27 October 2014.


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