RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00849 COUNSEL: NONE XXXXXXXXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His service records be compiled to show that he is a veteran with benefits earned. 2. His records show entitlement to pay from time of enlistment through the date of his discharge on 11 Sep 1962. ________________________________________________________________ APPLICANT CONTENDS THAT: He served in the Air Force from 12 Sep 1954 to 11 Sep 1962 and he does not have a copy of his records which were destroyed in a fire at the National Personnel Records Center (NPRC) in 1973. He received one check for 8 years and 45 days of service and he has earned benefits that cannot be accessed because he does not have a copy of his military service records. In a letter, dated 11 Oct 2012, he provides a chronological listing of his military service. In support of his request, the applicant provides a personal statement, copies of DD Form 256, Discharge Certificate, Air Force Forms 635, Pay Information Record, National Archives Form 13075; Questionnaire About Military Service, Congressional Inquiries and various other documents associated with his requests. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s records were destroyed as a result of a fire in 1973 at the NPRC. A copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, is not available. His records include a copy of his DD Form 256 which reflects his discharge from the Air Force on 11 Sep 1962. On 24 Aug 2012, the Air Reserve Personnel Center (ARPC) stamped the applicant’s DD Form 256, making it an official copy. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTS recommends denial of the applicant’s request to compile his service records. DPTS states they are unable to further rebuild the applicant’s records and there is no indication that the applicant is entitled to an identification card. DPTS states that based on available documents, they can only confirm that the applicant enlisted in the Air Force on 12 Sep 1954 and was discharged on 11 Sep 1962 with 8 years total service. DPTS is unable to verify specific dates of training drills as the applicant’s record is incomplete and there is no documentation available to determine further service. However, the applicant is clearly a veteran based on his known service and may be eligible for Department of Veterans Affairs (DVA) benefits for which he must contact the DVA to determine eligibility. Furthermore, DPTS states that the applicant indicates a date of discovery of 1969, past the 3 year limit for discovery. The applicant has exhausted all efforts for administrative relief. The complete DPTS evaluation is at Exhibit C. DFAS-POCC/DE recommends denial of his request to reflect pay entitlements. DFAS states that Department of Defense Instructions (DODI) 1340.21, dictates that the claimant must prove, by clear and convincing evidence, on the written record that the United States is liable to the claimant for the amount claimed. All relevant evidence to prove the claim should be presented when a claim is first submitted. In the absence of the compelling circumstances, evidence that is presented at later stages of the administrative process will not be considered. This rule was formally stated in Title 4, code of Federal Regulations. Moreover, the documents submitted by the applicant do not meet the burden of proof required. Since these records no longer exist for this time period, DFAS is unable to verify whether or not the applicant already received special pay for this duty. The complete DFAS evaluation is at Exhibit D. ________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Sep 2013 for review and comment within 30 days (Exhibit E). To date, a response has not been received. ________________________________________________________________ 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 opinions and recommendations of the Air Force offices 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00803 in Executive Session on 12 Dec 2013 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Oct 12, w/atchs. Exhibit B. Applicant’s Available Personnel Records. Exhibit C. Letter, ARPC/DPTS, dated 5 Apr 13, w/atchs. Exhibit D. Letter, DFAS-POCC/DE, not dated. Exhibit E. Letter, SAF/MRBR, dated 6 Sep 13. 2 3