RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03225
		
	 		COUNSEL:  NONE
		
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.	His time in service be corrected to reflect 1 day of active 
duty during the time of war.

2.	He be paid $50,000 for a show he performed at the request of 
the base commander.

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APPLICANT CONTENDS THAT:

As a professional singer and entertainer, he rendered service to 
the Air Force.  He was in the Delayed Enlistment Program (DEP) 
and was told his pay would accrue from that time.  He believed 
he was obligated and if not, he should be paid $50.000 for 
performing at the request of the base commander.

In support of his appeal, the applicant provides a release from 
the Department of Veterans Affairs and his DD Form 214, Report 
of Separation from Active Duty.

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

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STATEMENT OF FACTS:

The applicant is a former member of the Air Force who served 
from 15 July 1975 through 15 September 1976.  Documentation from 
his master personnel record reflects his pay date as 16 May 
1975.

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AIR FORCE EVALUATION:

AFPC/DPSIPV recommends denial.  The applicant has not provided 
documentation to support his contention that he entered the DEP 
in December 1974.  He entered the DEP on 16 May 1975, USAF 
Reserves and was discharged on 14 July 1975 for entry on to 
active duty with the Air Force on 15 July 1975.  There is no 
documentation in his master personnel record to support the 
contention he was in the DEP in December 1974.  

His DD Form 4, Enlistment Contract – Armed Force of the United 
States, clearly reflects he entered the DEP on 15 May 1975.  The 
time he was in the DEP was counted towards pay as it established 
his pay date of 16 May 1975.  A period of active duty prior to 
7 May 1975 counts as a time of war and provides eligibility for 
certain Veteran’s Administration benefits that he is not 
currently eligible.

The applicant has provided no documentation to support his 
contention that he performed for the base commander.

The complete DPSIPV evaluation, with attachments, is at 
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 13 January 2014 for review and comment within 
30 days (Exhibit D).  As of this date, this office has received 
no response.

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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 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.  After a 
thorough review of the applicant’s submission in judging the 
merits of the case, we are not persuaded that a change in the 
record is warranted.  The applicant’s contentions are duly noted; 
however, he has not provided substantial evidence to override the 
rationale provided by AFPC/DPSIPV.  Therefore, we agree with the 
Air Force office 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.  In the absence of 
persuasive evidence to the contrary, we find no 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-2013-03225 in Executive Session on 10 April 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 2 Jul 13, w/atchs.
      Exhibit B.   Applicant’s Master Personnel Records.
      Exhibit C.   Letter, AFPC/DPSIPV, dated 4 Sep 13, w/atchs.
      Exhibit D.   Letter, SAF/MRBR, dated 13 Jan 14.
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