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AF | BCMR | CY2014 | BC 2014 01384
Original file (BC 2014 01384.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 
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 
applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 
applicant’s 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 applicant’s 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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