RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01705
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended in items 11 (Primary Specialty Number), 12a (Date Entered AD This Period), 12c (Net Active Service This Period), 12h (Effective Date of Pay Grade), 13 (Decorations, Medals, Badges, Citations And Campaign Ribbons Awarded Or Authorized), 14 (Military Education), 18 (Remarks), 19a (Mailing Address After Separation), 19b (Nearest Relative), and 29 (Dates of Time Lost During This Period).

HQ Air Force Personnel Center (AFPC) has administratively corrected his requests with the exception of item 29 and his request for award of the Air Force Longevity Service Award (AFLSA).

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APPLICANT CONTENDS THAT:

His DD Form 214 is incorrect and should be corrected to reflect the proper information.

In support of his appeal, the applicant provides a copy of his DD Form 214, two training certificates, a verification (of training completion) request, two AF Forms 910, Enlisted Performance Report (EPR), and copies of his enlistment paperwork.

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

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STATEMENT OF FACTS:

The applicant began his military service by enlisting in the Regular Air Force on 19 June 1998.  On 15 July 2002, he was sentenced to confinement for life with possibility for parole, forfeiture of all pay and allowances, and a reduction in grade to airman basic (AB).  On 30 April 2003, after being found guilty of four separate charges stemming from incidents that took place on 10 February 2001, he was court-martialed on 30 April 2003 and dishonorably discharged on 5 December 2007.  He is currently in confinement at the United States Disciplinary Barracks at XXXX, KS. 

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AIR FORCE EVALUATION:

AFPC/DPSIMC recommends denial of the applicant’s request to change block 29 of his DD Form 214 to reflect the dates 15 July 2002 – 29 October 2007.  DPSIMC states the applicant did not provide sufficient evidence to validate his claim.  Therefore, absent evidence showing an error, block 29 cannot be changed.

DPSIMC’s complete evaluation is at Exhibit C.

AFPC/DPSIDR recommends denial of the applicant’s request he be awarded the AFLSA.  DPSIDR notes the applicant did not meet the minimum requirements for award of the AFLSA: four years of honorable active Federal military service.  The applicant had less than three years of service and not all of his service was honorable.

DPSIDR’s complete evaluation is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 12 August 2009 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case including the administrative relief provided by the Air Force; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence  to 

the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2008-01705 in Executive Session on 17 September 2009, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Apr 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIMC, dated 11 May 09.
    Exhibit D.  Letter, AFPC/DPSIDR, dated 26 Jun 09.
    Exhibit E.  Letter, SAF/MRBR, dated 12 Aug 09.

                                   
                                   Panel Chair