RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01232 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be reissued to incorporate multiple active duty tours from 22 Jun 71 through 21 Dec 71. ________________________________________________________________ APPLICANT CONTENDS THAT: His squadron published orders in increments of less than 90 days to avoid issuing him a DD Form 214. His previous appeal to the Board resulted in a DD Form 214 being issued which combined two active duty tours. He recently discovered documentation (orders, a travel voucher, and six earnings statements) which indicates he performed active duty service, from 22 Jun 71 through 19 Aug 71, immediately prior to the period currently reflected on his DD Form 214 (20 Aug 71 through 21 Dec 71). In support of his appeal, the applicant provides an expanded statement and copies of his DD Form 214, AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, DD Form 1351-2, Travel Voucher or Subvoucher, and six earnings statements. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: Available military personnel records indicate the applicant was ordered to active duty on 20 Aug 71, for the purpose of attending flying transition upgrade training at his home unit and was released from active duty on 30 Sep 71. On 1 Oct 71, he was again ordered to active duty to continue his flying transition upgrade training. On 21 Dec 71, he was released from active duty. On 30 Nov 06, the applicant submitted a DD Form 149, Application for Correction of Military Record, requesting a DD Form 214 be issued to document both periods of active service. On 11 Dec 06, ARPC/DPSDI issued a DD Form 214 to the applicant for the period 20 Aug 71 through 21 Dec 71 (Exhibit B). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which are attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPSVT determined that corrective action is not authorized, indicating the documents submitted indicate the applicant was not in a travel status on 19 Aug 71 as he was not authorized to travel by his privately owned vehicle (POV) and thus was not authorized two days of travel from Sheppard AFB, TX to his home of record. As such, his active service was not continuous from 22 Jun 71 through 21 Dec 71 as the applicant contends. A complete copy of the ARPC/DPSVT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the position he was not authorized to use his POV and therefore only authorized a single day of travel. His travel voucher reflects an advance payment of $152.40 for the 1524 miles of authorized travel. The squadron was aware he was traveling by POV and he was not directed to take any other form of travel. A complete copy of the applicant’s response is at Exhibit D. ________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting corrective action. After a thorough review of the available evidence, including the TDY order and travel voucher provided by the applicant, we believe sufficient doubt has been raised regarding the applicant’s exact itinerary during the period in question. In view of the above, and to preclude any possibility of an injustice, we believe any doubt should be resolved in favor of the applicant. Therefore, we believe his DD Form 214 should be corrected to include the contested period of active service. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he commenced his active duty tour on 22 June 1971, rather than 20 August 1971, and served continuously until 21 December 1971. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01232 in Executive Session on 5 Oct 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Mar 10, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, ARPC/DPSVT, dated 19 Apr 10. Exhibit D. Letter, Applicant, dated 28 Apr 10. Exhibit E. Letter, SAF/MRBR, dated 10 May 10. Panel Chair