RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01384 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 29 Oct 71, be corrected as follows: a. Block 24, Decoration, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized, be corrected to include the Republic of Vietnam Gallantry Cross with Palm (Administratively Corrected), Air Force Longevity Service Award (AFLSA), Air Force Overseas Ribbon – Long Tour (AFOR-LT) with Oak Leaf Cluster (OLC), and Air Force Training Ribbon (AFTR). b. Block 22, Statement of Service, be corrected to reflect he was credited with four years of creditable active service, instead of, 3 years, 11 months, and 29 days. 2. Block 18(c), Total Active Service, of his DD Form 214, Report of Separation from Active Duty (issued by the Navy), dated 12 Dec 75, be corrected to reflect 5 years, 11 months, and 29 days, instead of 5 years, 11 months, and 28 days. APPLICANT CONTENDS THAT: 1. The medals were authorized after his discharge. 2. 1968 was a leap year and an extra day should be added to his total active military service. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 1 Nov 67. On 29 Oct 71, the applicant was furnished an honorable discharge, and was credited with 3 years, 11 months, and 29 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. A thorough review of the applicant’s official military record did not reveal any documentation that would verify that he was awarded the AFLSA. The AFLSA is awarded for the completion of four years of active service; however, the applicant did not complete four years of active duty or reserve military service before being released from active duty on 29 Oct 71, rendering him ineligible for the award. As for his request for the AFOR-LT and AFTR, the applicant’s service dates are prior to the dates these awards were authorized. The AFOR was authorized on 12 Oct 80 by the Chief of Staff of the Air Force. It was ultimately authorized for retroactive award prior to this date, but to be eligible for the retroactive provision, a member had to have been on active duty on or after 6 Jan 86. The applicant was not serving on active duty on this date and is therefore ineligible for the retroactive provisions of the award criteria. As for his request related to the AFTR, the AFTR was authorized on 12 Oct 80 and has no retroactive provisions. As such, the applicant is also ineligible for the AFTR. To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 4 Aug 14 for review and comment within 30 days (Exhibit D). 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 injustice warranting correction of the applicant’s records to reflect his entitlement to the AFLSA, AFOR-LT, or AFTR. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice with respect to the AFLSA, AFOR-LT, or AFTR. As for his argument that he should be credited with four years of active duty because his discharge fell within a leap year, we are not convinced by the evidence presented by the applicant that his service dates were incorrectly computed. Other than argument and conjecture, the applicant has provided no evidence whatsoever that his service was incorrectly computed and argument and conjecture is not a basis to recommend correcting the applicant’s records on this point. The burden of proof rests with the applicant and in the absence of evidence to the contrary, the presumption of regularity dictates that the applicant’s service was computed correctly and in accordance with the provisions of the governing regulation in effect at the time of his service. As for the applicant’s request to correct the DD Form 214 issued by the Navy, this Board only has authority to correct records of the Department of the Air Force. Should the applicant still wish to seek correction of this DD Form 214, he should apply to the Board for Correction of Naval Records (BCNR). We note the Air Force OPR has determined the applicant’s eligibility for the RVNGC w/P and will correct his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively. THE BOARD DETERMINES THAT: The applicant be notified 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-2014-01384 in Executive Session on 18 Dec 14, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01384 was considered: Exhibit A. DD Form 149, dated 29 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 02 Jun 14. Exhibit D. Letter, SAF/MRBR, dated 04 Aug 14.