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 applicants 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 applicants
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 applicants 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 applicants 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
applicants DOS as 5 December 1956. There is no other
documentation located in the applicants 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 applicants
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 applicants 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 applicants 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 applicants 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 applicants
NA Form 13038 reflects the applicants 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. Applicants 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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