RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01384
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, dated 29 Oct 71, be corrected as follows:
a. Block 24, Decoration, Medals, Badges, Commendations,
Citations, and Campaign Ribbons Awarded or Authorized, be
corrected to include the Republic of Vietnam Gallantry Cross
with Palm (Administratively Corrected), Air Force Longevity
Service Award (AFLSA), Air Force Overseas Ribbon Long Tour
(AFOR-LT) with Oak Leaf Cluster (OLC), and Air Force Training
Ribbon (AFTR).
b. Block 22, Statement of Service, be corrected to reflect
he was credited with four years of creditable active service,
instead of, 3 years, 11 months, and 29 days.
2. Block 18(c), Total Active Service, of his DD Form 214,
Report of Separation from Active Duty (issued by the Navy),
dated 12 Dec 75, be corrected to reflect 5 years, 11 months, and
29 days, instead of 5 years, 11 months, and 28 days.
APPLICANT CONTENDS THAT:
1. The medals were authorized after his discharge.
2. 1968 was a leap year and an extra day should be added to his
total active military service.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
1 Nov 67.
On 29 Oct 71, the applicant was furnished an honorable
discharge, and was credited with 3 years, 11 months, and 29 days
of active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of
an error or an injustice. A thorough review of the applicants
official military record did not reveal any documentation that
would verify that he was awarded the AFLSA. The AFLSA is
awarded for the completion of four years of active service;
however, the applicant did not complete four years of active
duty or reserve military service before being released from
active duty on 29 Oct 71, rendering him ineligible for the
award. As for his request for the AFOR-LT and AFTR, the
applicants service dates are prior to the dates these awards
were authorized. The AFOR was authorized on 12 Oct 80 by the
Chief of Staff of the Air Force. It was ultimately authorized
for retroactive award prior to this date, but to be eligible for
the retroactive provision, a member had to have been on active
duty on or after 6 Jan 86. The applicant was not serving on
active duty on this date and is therefore ineligible for the
retroactive provisions of the award criteria. As for his
request related to the AFTR, the AFTR was authorized on
12 Oct 80 and has no retroactive provisions. As such, the
applicant is also ineligible for the AFTR. To grant relief
would be contrary to the criteria established by DoDM 1348.33,
Secretary of the Air Force, Chief of Staff, and/or the War
Department.
A complete copy of the AFPC/DPSID 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 4 Aug 14 for review and comment within 30 days
(Exhibit D). 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 warranting
correction of the applicants records to reflect his entitlement
to the AFLSA, AFOR-LT, or AFTR. 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 (OPR) and adopt
its rationale as the basis for our conclusion the applicant has
not been the victim of an error or injustice with respect to the
AFLSA, AFOR-LT, or AFTR. As for his argument that he should be
credited with four years of active duty because his discharge
fell within a leap year, we are not convinced by the evidence
presented by the applicant that his service dates were
incorrectly computed. Other than argument and conjecture, the
applicant has provided no evidence whatsoever that his service
was incorrectly computed and argument and conjecture is not a
basis to recommend correcting the applicants records on this
point. The burden of proof rests with the applicant and in the
absence of evidence to the contrary, the presumption of
regularity dictates that the applicants service was computed
correctly and in accordance with the provisions of the governing
regulation in effect at the time of his service. As for the
applicants request to correct the DD Form 214 issued by the
Navy, this Board only has authority to correct records of the
Department of the Air Force. Should the applicant still wish to
seek correction of this DD Form 214, he should apply to the
Board for Correction of Naval Records (BCNR). We note the Air
Force OPR has determined the applicants eligibility for the
RVNGC w/P and will correct his records administratively.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting relief beyond that rendered
administratively.
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-2014-01384 in Executive Session on 18 Dec 14, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01384 was considered:
Exhibit A. DD Form 149, dated 29 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 02 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 04 Aug 14.
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