RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01576
COUNSEL: NO
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His pay date be corrected to reflect 25 September 2001 instead of 29 September 2001.
His records corrected to reflect his pay date adjusted by one day, if it is not changed from 25 September 2001 to 29 September 2001.
APPLICANT CONTENDS THAT:
He was informed that his pay date may have been changed because he was detained and held by Colorado Springs Corrections. However, he was detained for only one day which does not explain why his pay date was changed by five days.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 25 September 2001.
On 18 November 2010, a CMS 2098, Duty Status Change, was initiated indicating the applicant was arrested by civilian authorities and placed in civilian confinement, effective 24 October 2010.
On 18 November 2010, a CMS 2098 was initiated releasing the applicant from civilian confinement, effective 28 October 2010. The applicant incurred a total of four lost days for this incident and current enlistment.
According to the Military Personnel Data System (MilPDS), the applicants pay date is reflected as 29 September 2001.
On 4 March 2012, the applicant was furnished an honorable discharge, and was credited with 10 years, 5 months, and 10 days of active service this period.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial. The applicants pay date and total active federal military service date (TAFMSD) were adjusted to reflect the four days he was charged for lost time. The documentation submitted by the applicant does not necessarily show the entire period of time he was in confinement. Therefore, we have no reason to believe he was not charged with the appropriate amount of lost time. Furthermore, after a thorough review of the applicants record, it was determined his DD Form 214, Certificate of Release or Discharge From Active Duty, Block 29, Dates of Time Lost During This Period, should reflect 24 October 2010 through 27 October 2010 instead of NONE.
A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He argues that a notarized bond agreement which was signed by himself and the deputy sheriff indicates that he was released from confinement on 26 October 2010. His paperwork was seen and filed by the court clerk one day later, on 27 October 2010. This block does not show his release and it does not state or prove anything except that the Clerk of the Court stamped the document on that specific date.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was not timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicants pay date. We took notice of the applicants complete submission, to include his rebuttal response, in judging the merits of the case; however, we do not find the evidence provided sufficient to override the rationale provided by the Air Force office of primary responsibility. Thus, 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 of injustice. We note AFPC/DPSIV recommends the Board direct correction of the applicants DD Form 214 to reflect the lost time of 24 October 2010 through 27 October 2010. However, the Boards charter extends solely to the correction of records, which are not conceivably detrimental to the applicant. As such, the Board will take no action in this regard. In the absence of evidence to the contrary, we find no basis to recommend granting the requested 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-2014-01576 in Executive Session on 3 February 2015, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
Due to the retirement of the Panel Chair, XXXXX has agreed to sign as Acting Panel Chair. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 April 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIPV, dated 22 May 2014, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 29 September 2014.
Exhibit E. Letter, Applicant, dated, 19 October 2014, w/atch.
3
AF | BCMR | CY2013 | BC 2013 05042
AIR FORCE EVALUATION: AFLOA/JAJM recommends denial of the applicants request to set aside her GCM conviction, as it pertains to Charge I, making a false official statement, and its specifications. Further, we believe the applicants record should be corrected to show that on 3 February 2011, the date after she was released from MSR until 6 September 2013, the date the AFCCA affirmed the findings and sentence, she was on appellate leave without pay and points. THE BOARD RECOMMENDS...
AF | BCMR | CY2014 | BC 2014 00009
The applicants military personnel records indicate he enlisted in the Air Force Reserve on 24 Jan 14, for a period of three years. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C, D, E, and F. AIR FORCE EVALUATION: AFPC/DPTOS recommends denial with respect to the applicants request for his lost time to be reinstated. A complete copy of the...
AF | BCMR | CY2014 | BC 2014 01894
According to Reserve Order BA-249 dated 19 June 2008, the applicant was promoted to the grade of captain with a DOR of 5 July 2008 in the Reserve of the Air Force. 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/JAX recommends denial indicating there is no evidence of an error or an injustice. To obtain relief, the...
AF | BCMR | CY2013 | BC 2013 02861
The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. His service dates were verified by DPSIPV; the error in his pay date was discovered and corrected removing the credit for the time he was in ROTC. DPSIPV has corrected his DIEUS date in the MilPDS to the date he entered ROTC 28 September 1984.
AF | BCMR | CY2013 | BC 2013 03225
His time in service be corrected to reflect 1 day of active duty during the time of war. Documentation from his master personnel record reflects his pay date as 16 May 1975. The applicant has provided no documentation to support his contention that he performed for the base commander.
AF | BCMR | CY2010 | BC 2010 02795
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02795 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his time as a student at the Uniformed Services University of Health Sciences (USUHS). At the time of the applicants service and per the statement of service...
AF | BCMR | CY2010 | BC-2010-01361
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01361 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect that he was separated on 12 Aug 07 rather than 11 Aug 07, and that he served four years and one day of active service rather than four...
AF | BCMR | CY2013 | BC 2013 04472
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04472 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: Item 7a, Place of Entry into Active Duty, be changed from Albuquerque, NM to Houston, TX; Item 12a, Date Entered Active Duty This Period, be changed from 1977 April 11 to 1969 May 05. APPLICANT CONTENDS...
AF | BCMR | CY2011 | BC-2011-04216
The applicant contends that the date of enlistment of 16 June 1951 and date of discharge of 28 October 1958 are incorrect. We note that after a review of the applicants available records, the Air Force office of primary responsibility has confirmed that his enlistment and discharge dates are incorrect and recommend correction. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force...
AF | BCMR | CY2013 | BC 2013 03478
APPLICANT CONTENDS THAT: His records unjustly reflect time in military confinement since he was found not guilty of the misconduct which led to his confinement. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFLOA/JAJM did not provide a recommendation. In this respect, we note this Board is the highest administrative level of...