RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02889 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His AF Form 973, Request and Authorization for Change of Administrative Orders, Block 5A (travel days) be changed to read 8 days versus 9 days and Block 6 be amended to read 14 Sep 81 vice 15 Sep 81. 2. His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 12b (separation date this period) be amended to read 14 Sep 81 vice 15 Sep 81. _________________________________________________________________ APPLICANT CONTENDS THAT: The travel time was calculated incorrectly to show 9 days when it should have read 8 days. There are 2548 miles between Travis AFB and his home of record. He did not discover this error until the Veterans Affairs (VA) attempted to collect $30,000 in readjustment pay that he received 29 years ago. He believes that the Air Force intentionally extended his date of separation to 15 Sep 81, which put him under the new law that took effect on the same date. If his date of separation is changed to 14 Sep 81, he will be under the correct federal law. In support of his request, the applicant provides a copy of his AF Form 100, Request and Authorization for Separation, a copy of his AF Form 973, a copy of his DD Form 214, and a copy of a letter from the VA. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 31 Mar 69 and was progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 30 Mar 90. The applicant received a narrative reason for separation of “Involuntary release-twiced failed temporary promotion.” He was honorably discharged on 15 Sep 81 after serving 12 years, 5 months, and 15 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states there is insufficient evidence in his records to confirm the circumstances and facts surrounding the applicant’s discharge. However, the applicant signed the AF Form 100 with an effective date of separation of 28 Sep 81. After reviewing the applicant’s records, it was determined his separation date was amended from 28 Sep 81 to 15 Sep 81. Therefore, the separation date reflected on his DD Form 214 is correct. The applicant asserts his separation date was intentionally changed, by extending his travel time from 8 days to 9 days that put him under the new law. Nevertheless, separation dates are not established to offset travel time. In this case, the applicant completed his travel and was discharged on 15 Sep 81. The DPSOS complete 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 13 May 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 error or injustice. 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 and adopt its 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 basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02889 in Executive Session on 9 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 10 May 11. Exhibit D. Letter, SAF/MRBR, dated 13 May 11.