RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00583
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His lost time (15 Dec 67 through 31 May 68) be credited on his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, to accurately reflect his total active
service.
APPLICANT CONTENDS THAT:
It was his understanding that his lost time would be waived and
forgiven after he participated in Operation Second Chance. He
made a mistake and paid for it but later became an Airman with
great honor to be in the Air Force.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 12 Sep 66, the applicant enlisted in the Regular Air Force.
On 11 Sep 70, he was honorably discharged from active duty upon
expiration of term of service and was credited with 3 years,
6 months and 14 days of total active service. His DD Form
214 indicates he had lost time from 15 Dec 67 through 31 May 68.
On 25 May 72, the applicant enlisted in the Oregon Air National
Guard (ANG).
On 25 May 73, the applicant voluntarily requested discharge from
the ANG and on 19 Oct 73, he was honorably discharged under the
provisions of ANGR 39-10, paragraph 13 (Resignation For Own
Convenience).
On 9 Dec 92, the applicant was notified by AFMPC/DPMDOA that
only the lost time in conjunction with his early release from
active duty was waived, not his lost time spent in confinement.
In accordance with AFI 36-2134, Air Force Duty Status Program,
paragraph 3.4.1, lost time, is any time a member spends in
Absent Without Leave (AWOL) status, desertion, or any
confinement whether it is pre or post-trial confinement status
and is considered non-creditable service.
?
The applicant provides no rationale as to why his failure to
timely file should be waived in the interest of justice.
AIR FORCE EVALUATION:
AFPC/DPTOS recommends denial. The applicant was sentenced and
served confinement time which is not credible service. The
applicant was informed by a letter dated, 9 Dec 92, that the
time was waived in conjunction with his early release from
active duty.
The complete DPTOS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 26 Sep 14 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
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. While the
applicant contends that his lost time was waived, we note that
the time was waived in conjunction with his early release from
active duty. The confinement time he served is considered non-
creditable service. Therefore, 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 not been the victim of an error of injustice. In
the absence of evidence to the contrary, we find no basis to
recommend granting the relief.
?
THE BOARD DETERMINES THAT:
The applicant be notified 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-2014-00583 in Executive Session on 14 Jan 15, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Feb 14, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records
Exhibit C. Letter, AFPC/DPTOS, dated 19 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 26 Sep 14.
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