ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2010-01200

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request to re-compute his military service, specifically:

	a. His Air National Guard (ANG) service dates be corrected to 1 Sep 90 through 20 Nov 02, instead of 9 Apr 88 through 14 Mar 01.

	b. His United States Marine Corps (USMC) dates of service reflected in the Defense Enrollment Eligibility Reporting System (DEERS) be changed to 26 Jan 80 through 27 Jan 84, instead of 28 Jan 80 through 22 Apr 82.  (Not within the Board's Authority)

	c. A copy of his complete service records, orders, and medical records (Failure to exhaust other administrative avenues of relief).

RESUME OF THE CASE

The applicant is a retired ANG senior master sergeant (E-8).  On 25 Aug 11, the Board considered his requests that: (1) His military service be recomputed so that he may qualify for a reserve retirement; (2) he be credited with satisfactory reserve service for retirement for the period 15 Mar 01 through 11 Aug 05 and consideration for any promotion to E-9 he would have received during such service; and (3) back pay, allowances, and any promotions he would have earned had he been commissioned a warrant officer one (W-1) in the Army National Guard (ARNG).  In order to preclude the possibility of an injustice to the applicant, the Board recommended the applicant be credited with sufficient satisfactory service to attain eligibility for a reserve retirement.  However, the Board recommended his request for promotion to E-9 be denied because he provided no evidence to indicate that he would have been promoted to E-9 had he been allowed to return to the ANG.  The Board also recommended denying his request for at back pay, allowances, and any promotions he would have earned had he been commissioned a warrant officer in the ARNG because such relief is outside the Board’s authority as it would involve the correction of official records of the Department of the Army.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit I.

According to the Air Force Personnel Center (AFPC), DEERS service dates are based on personnel data feeds, such as DD Form 214, and activation orders for Guard/Reserve.  AFPC DEERS screenshot does not reflect the applicant’s service dates.

On 4 Sep 90, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant enlisted in the ANG, for a period of 3 years.

On 29 Jun 92, via NGB Form 66, Extension of Enlistment in the Air National Guard and as a Reserve of the Air Force, the applicant extended his 4 Sep 90 enlistment for a period of 72 months, to 29 Jun 98.

On 2 May 98, via NGB Form 66, the applicant extended his 4 Sep 90 enlistment a second time, for a period of 72 months, to 29 Jun 04.

On 1 Apr 00, according to DD Form 4, the applicant enlisted in the ANG for a period of 6 years.

On 4 Nov 02, according to Reserve Order EK-0594, dated 29 Oct 11, the applicant was assigned to the Retired Reserve.

On 14 Jan 20, the applicant requested reconsideration of his request to have his service dates corrected.  He contends that incorrect service dates in DEERS will impact his military retirement and Department of Veteran’s Affairs decisions.  Furthermore, he has been unable to obtain copies of his service records.

The applicant’s complete submission, with attachments, is at Exhibit J.

APPLICABLE AUTHORITY
 
Title 10, United States Code, Section 1552, Correction of military records: claims incident thereto;  Department of Defense Directive 1332.4, Boards for Correction of Military Records (BCMRs) and Discharge Review Boards (DRBs); Air Force Instruction 36-2603, Air Force board for Correction of Military Records.  Personnel requesting a correction of their military service records must contact their respective service Board for Correction of Military Records or fill out and mail a DD Form 149, Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552.  Information pertaining to the U.S. Navy & U.S. Marine Corps Board for Correction of Naval Records can be found at the following website:

https://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx  

The Defense Manpower Data Center (DMDC) serves under the Office of the Secretary of Defense to collate personnel, manpower, training, financial, and other data for the Department of Defense.  DMDC compiles a Military Service History record for every veteran and Service member from data sent by Service personnel systems.  The data is maintained in the DEERS reporting system.  

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  The applicant contends he began active service in the USMC on 26 Jan 80 instead of 28 Jan 80.  DD Form 214, Block 12.c. reflects that the applicant clearly was credited with 4 years of net active duty.  Block 12.a. confirms that the entry date is 28 Jan 80 and not 26 Jan 80.  Additionally, the applicant contends his ANG service began on 1 Sep 90 instead of 4 Sep 90 as reflected on his Point Credit Summary.  This date is established by the applicant’s original enlistment as documented on DD Form 4.  The applicant did not provide a DD Form 4 showing the need to amend his enlistment date into the ANG, therefore, we are not able to make any changes at this time.  

The applicant further requests his end date be adjusted to reflect he was retired on 20 Nov 02, in accordance with previous Board directive related to docket number BC-2010-01200.  The board directed the applicant be, “…transferred to the Retired Reserve, effective 4 Nov 02, with service characterized as ‘Honorable,’…”  The directive was previously executed by ARPC, which ended the applicant’s service the day he was retired in accordance with the directive.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice regarding this claim. 

Regarding the applicant’s request in obtaining his complete service record, ARPC has provided all available documents.  Unfortunately, they could not locate orders or medical documents.  However, although the ARPC does not maintain medical records, they recommend the applicant contact the Air Force Service Treatment Record (STR) Processing Center to request a copy.  The Air Force STR Processing Center’s mailing address is: 3370 Nacogdoches Road, Suite 116, San Antonio, TX 78217.

The complete advisory opinion is at Exhibit L.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 21 Apr 20 for comment (Exhibit M), but has received no response.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTS regarding the applicant’s Air Force service dates and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In addition, the Board notes the applicant’s contention that his USMC service dates reflected in DEERS are not correct.  However, such relief is outside the Board’s authority as it would involve the correction of official records of the USMC.  If the applicant believes his USMC service dates are incorrect, he should contact the U.S. Navy & U.S. Marine Corps Board for Correction of Naval Records.  If a correction is warranted, the corrected information will flow to DMDC and update his service history in DEERS.  Finally, with respect to the applicant’s request for copies of all the complete service records, orders, and medical records, the Board is not the custodian of these records.  However, as noted above ARPC/DPTS informed the applicant they could not locate orders or medical records but have provided the applicant a copy of his available service records.  They also apprised the applicant that he may request a copy of his medical records by contacting the Air Force STR Processing Center ATTN: Release of Information 3370 Nacogdoches Road, Suite 116, San Antonio, TX 78217.  In view of the foregoing, the Board recommends against correcting the applicant’s records.  

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2010-01200 in Executive Session on 25 Jun 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit I:	Record of Proceedings, w/Exhibits A-H, dated 25 Aug 11.
Exhibit J:	Application, DD Form 149, w/atchs, dated 14 Jan 20.
Exhibit K:	Documentary evidence, including relevant excerpts from official records.
Exhibit L:	Advisory opinion, ARPC/DPTS, w/atchs dated 6 Apr 20. 
Exhibit M:	Notification of advisory, SAF/MRBC to applicant, dated 21 Apr 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.