RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04043 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from the Armed Forces of the United States, be amended to include his service in the United States Coast Guard Merchant Marines from January 1946 through December 1946 and update his total years of active service for benefits and pay purposes. ________________________________________________________________ APPLICANT CONTENDS THAT: The years of active service from the Coast Guard Merchant Marines are not included on his DD Form 214 for retirement. In support of the applicant’s appeal, he provides a memorandum from AFPC/JA, dated 19 July 2002, a memorandum from AFPC/DPPAOR, dated 24 July 2002, and copies of his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Special Order AC-17327 Retirement Order reflects the applicant retired on 1 November 1967 in the grade of master sergeant with 20 years, 3 months and 20 days of active service for retirement. On 24 July 2002, AFPC/DPPAOR advised the applicant that it had been determined that the U.S. Merchant Marine time is not creditable for years of active service in the armed forces. The DD Form 214 was only used for certifying qualifying service under Public Law 105-368 which states “This document, issued under Public Law 105-368 (46 USC Chapter 112), administratively establishes active duty service solely for benefits under Chapter 23 (relating to burial benefits) and chapter 24 (relating to interment benefits) of Title 38 United States Code.” Therefore, there was no additional pay credit to be awarded. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIPV recommends denial. DPSIPV states the applicant submitted a request to correct his records in 2002 to include his service in the Merchant Marines. His application was acted upon administratively and returned to him on 24 July 2002 stating there was no additional pay credit to be awarded and the case did not require referral to the Air Force Board for Correction of Military Records (AFBCMR). On 19 January 1988, the Secretary of the Air Force, Edward C. Aldridge, Jr., determined that the service of the “American Merchant Marine in Oceangoing Service during the period of armed conflict, December 7, 1941 to August 15, 1945,” shall be considered active duty under the provisions of public law 95- 202 for the purposes of laws administered by the Veterans Administration (VA). Although technically not part of the United States Merchant Marine, civil service vessels in oceangoing service or foreign waters are also included as part of this approved group. On Veterans Day in 1998, President Clinton signed Public Law 105-368. A provision of this law states - service during the period, 16 August 1945 to 31 December 1946, shall be considered active duty for the purpose of eligibility for certain limited veterans’ benefits. The documentation the applicant provided indicates he served in the Merchant Marines from 23 January 1946 to 31 December 1946; however, this service is not creditable toward retired pay eligibility. Service performed under the provisions of Public law 105-368 states that service during the period 16 August 1945 to 31 December 1946 shall be considered active duty for the purpose of eligibility for certain limited veteran’s benefits through the VA. The issuance of a DD Form 214 for the Merchant Marine time is to document eligibility for VA benefits for service members that may not otherwise be eligible to receive burial in a national cemetery. The applicant has three other DD Form 214s including one issued at his retirement, all of which establish his eligibility for VA benefits. The applicant’s DD Form 214 was issued on 31 October 1967 and the change in the law did not occur until 1998 to include service through 1946. A DD Form 214 is not updated to include future actions. The DD Form 214 issued by the Coast Guard is the method used to document the Merchant Marine service. There has been no error or injustice committed in his case. No additional pay credit or benefits beyond what he is already entitled to can be granted. The DPSIPV complete evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 June 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ 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 an error or an 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 the applicant has failed to sustain his burden of proof of the existence 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 the evidence presented did not demonstrate the existence of an 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-2013-04043 in Executive Session on 4 September 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 June 2002, w/atchs. Exhibit B. Letter, AFPC/DPSIPV, dated 31 May 2013. Exhibit C. Letter, SAF/MRBR, dated 21 June 2013. 2 3 4