RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02875
		INDEX CODE:  100.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The effective date of transfer or discharge data on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to read 30 April 1963 rather than 1 June 1962.

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APPLICANT CONTENDS THAT:

His AF Form 7, Airman Military Record, reflects a 12 month involuntary extension; however, the extension is not reflected on his DD Form 214.

In support of his request, the applicant provided a copy of his AF Form 7.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 May 1958.  He served as an Aircraft Mechanic.

On 1 June 1962, applicant was honorably released from active duty.  He served 4 years 1 month, and 1 day on active duty.

Applicant’s Transfer to Reserve Component memo dated 17 May 1962 and Special Order A-274, dated 17 May 1962 reflect a discharge date effective 1 June 1962.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states although the applicant’s AF Form 7 references a one year involuntary extension, the overwhelming documentation does not support his continued service in the Regular Air Force after 1 June 1962.  As stated in paragraph 2 of the 17 March 1962 memo, the law required the applicant to serve in a Reserve component for a period, when added to the period of active military service, would equal to a total of six years.  Based on the applicant’s DD Form 214 which reflects a date of entry of 1 May 1958 and Reserve Order CA-011545 which reflects his discharge from the AFRES effective 30 April 1964, DPSOA finds no supporting documentation to confirm or support the applicant’s request.  Rather, DPSOA finds that the 12-month involuntary extension was required to meet the requirements of the law at the time.

DPSOA’s complete evaluation, with attachments, is at Exhibit C.

AFPC/DPSOS recommends denial.  DPSOS states that on 17 May 1962, applicant was advised that since he initially enlisted after 9 August 1955 and before reaching the age of 26, the law required that he serve in the Reserve component for a period which, when added to his period of active military service, would equal a total of six years.  The letter also advised the applicant that he was being transferred to the Air Force Reserve effective 2 June 1962 and would remain assigned to the Reserve until 30 April 1964, unless sooner relieved.  Applicant acknowledged the above action and fully understood his military service and Reserve obligation.  Effective 30 April 1964, applicant was relieved from assignment to the Air Force Reserve and honorably discharged.

DPSOS’s complete evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 November 2007, the evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit E).  As of this date, this office has received no response.

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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.  After a thorough review of the evidence of record and the applicant’s submission, we are of the opinion that relief is not warranted.  His contentions are duly noted; however, the comments provided by the offices of primary responsibility (OPRs) adequately address these allegations.  Therefore, we are in agreement with the comments and recommendation of the OPRs and adopt their rationale as the basis for our decision that the applicant has not been the victim of either an error or injustice.  In view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02875 in Executive Session on 6 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 29 August 2007, w/atch.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOA, dated 23 October 2007, w/atchs.
  Exhibit D.  Letter, AFPC/DPSOS, dated 31 October 2007, w/atchs.
  Exhibit E.  Letter, SAF/MRBR, dated 30 November 2007.