[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Rules and Regulations]
[Pages 33400-33402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15428]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 881
Determination of Active Military Service and Discharge for
Civilian or Contractual Groups
AGENCY: Department of the Air Force, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Air Force is revising 32 CFR part 881,
Determination of Active Military Service and Discharge for Civilian or
Contractual Groups of the Code of Federal Regulations to reflect
current policies. Part 881 establishes procedures for processing
discharge applications of civilians or contractors claiming prior
active military service with the U.S. Air Force or a predecessor
organization.
EFFECTIVE DATES: June 21, 1999.
ADDRESSES: Mr. John C. Wooten, HQ AFPC/DPPRS, 550 C Street West, Suite
11, Randolph, TX 78150-4713, 210-565-3769.
FOR FURTHER INFORMATION CONTACT: Mr. John C. Wooten, HQ AFPC/DPPRS,
210-565-3769.
List of Subjects in 32 CFR Part 881
Military, Personnel, Veterans.
For the reasons set forth in the preamble, the Department of the
Air Force is revising 32 CFR Part 881 as follows:
PART 881--DETERMINATION OF ACTIVE MILITARY SERVICE AND DISCHARGE
FOR CIVILIAN OR CONTRACTUAL GROUPS
Sec.
881.1 Applying for discharge.
881.2 Screening the application.
881.3 Individual service review board.
881.4 Processing the application.
881.5 If an application is approved.
881.6 If an application is denied.
881.7 Discharge upgrade.
881.8 Disposition of documents.
881.9 Form prescribed.
Authority: 38 U.S.C. 106.
Sec. 881.1 Applying for discharge.
(a) Who may apply.
(1) You may apply for discharge if you were a member of a
recognized group. A spouse, next of kin, or legal representative may
apply on behalf of a deceased or mentally incompetent person. Proof of
death or mental
[[Page 33401]]
incompetency must accompany such an application.
(b) Where to apply.
(1) Send your application for discharge to the Directorate of
Personnel Program Management, Separations Branch, HQ AFPC/DPPRS, 550 C
Street West, Suite 11, Randolph AFB, TX 78150-4713.
(c) How to apply.
(1) Fill out DD Form 2168, Application for Discharge of Member or
Survivor of Member of Group Certified to Have Performed Active Duty
With the Armed Forces of the U.S., or write a letter.
(2) Obtain DD Form 2168 from HQ AFPC/DPRS, 550 C Street West, Suite
11, Randolph AFB, TX 78150-4713 or the National Personnel Records
Center (NPRC), 9700 Page Boulevard, St. Louis, MO 63132.
(3) Make your application as complete as possible; the burden of
proof is on you. Provide all available evidence to document your
membership in the group and what services you performed.
(d) Documentation may include:
(1) Flight logbooks.
(2) Separation or discharge certificates.
(3) Mission orders.
(4) Identification cards.
(5) Contracts.
(6) Personnel action forms.
(7) Employment records.
(8) Education certificates and diplomas.
(9) Pay vouchers.
(10) Certificates of awards.
(11) Casualty information.
(e) The Air Force will not under any circumstances provide or pay
for legal representation for you.
Sec. 881.2 Screening the applications.
(a) HQ AFPC/DPPRS reviews your application and does one of the
following:
(1) Refers your application to another military department and
sends you a written notice or a copy of the referral letter.
(2) Returns your application without prejudice if the Secretary of
the Air Force has not determined whether members of your group are
certified for discharge. You may resubmit the application after the
Secretary determines that your group is certified.
(3) Refers applications made by a group (or individuals on behalf
of a group) to the Secretary of the Air Force, Manpower, Reserve
Affairs and installations, Personnel Council (AFPC), The Pentagon,
Washington, DC 20330 for further review. This Part does not cover such
applications.
(4) Returns the application to you if it is complete.
(5) Refers all complete applications to the Individual Service
Review Board for further consideration.
Sec. 881.3 Individual Service Review Board.
(a) The Commander, Headquarters Air Force Personnel Center (HQ
AFPC/CC) establishes the Individual Service Review Board as necessary.
(b) The Board consists of military members in grade Lieutenant
Colonel or higher, and civilian members, grade GS-12 or higher,
appointed by the HQ AFPC/CC. Three members constitute a quorum. The
senior member acts as Board chairperson. A nonvoting member keeps a
record of the Board's actions on an application.
(c) The Directorate of Personnel Program Management, Separations
Branch, HQ AFPC/DPPRS, 550 C Street West, Suite 11, Randolph AFB, TX
78150-4713, provides administrative support to the Board.
Sec. 881.4 Processing the application.
(a) Individual Service Review Board meets in closed session to
consider the application, the evidence submitted, and other relevant
information. Applicants or their representatives do not have the right
to appear before the Board.
(b) The Board:
(1) Evaluates the evidence.
(2) Decides whether the applicant was a member of a recognized
group during dates of its qualification.
(3) Decides whether to approve the application for discharge.
(4) Determines the period and character of the applicant's service.
Sec. 881.5 If an application is approved.
(a) If the Board approves an application for discharge and
determines that it should be honorable, HQ AFPC/DPPRSO issues the
applicant a DD Form 256AF, Honorable Discharge, and a DD Form 214,
Certificate of Release or Discharge from Active Duty under AFI 36-3202,
Separation Documents (formerly AFR 35-6).
(b) Enter a military grade on the DD Form 214 only if the
Administrator of Veterans' Affairs requests it.
(c) Enter a pay grade on the DD Form 214 only for individuals who
were killed or received service-related injuries or disease during the
approved period of service. For proof of grade criteria, see DoD
1000.20, Determinations of Active Military Service and Discharge
Civilian or Contractual Personnel, section E, paragraph 3g.
(d) If the Board approves an application for discharge but
determines that it should be ``under honorable conditions'' (general
discharge), it forwards the case to the Air Force Personnel Council
(AFPC) for final decision. HQ AFPC/DPPRSO, 550 C Street West, Suite 20,
Randolph AFB, TX 78150-4722, then issues the appropriate discharge
certificate and a DD Form 214 to the applicant.
(e) To appeal the characterization of a discharge, submit DD Form
149, Application for Correction of Military Record Under the Provisions
of Title 10, U.S.C., Section 1552, to the Secretary of the Air Force
through the Air Force Review Boards Office (SAF/MIBR).
(f) If the member dies or is declared missing during the period of
equivalent active military duty, the Directorate of Casualty Matters
(HQ AFPC/DPW) issues DD Form 1300, Report of Casualty, including
military pay grade, to the next of kin or a designated representative,
according to DODI 1300.18, Military Personnel Casualty Matters,
Policies and Procedures, and AFI 36-3002, Casualty Services (formerly
AFR 30-25).
Sec. 881.6 If an application is denied.
(a) Once the Board has decided your case, HQ AFPC/DPPRS notifies
you:
(1) If the Board denied your application for discharge because
there is insufficient evidence to show that you belonged to a
qualifying group.
(2) If the Board determines that your service cannot be
characterized as ``under honorable conditions.''
(b) You have 60 days from the date of this notice to submit
additional evidence or information to HQ AFPC/DPPRS, 550 C Street West,
Suite 11, Randolph AFB, TX 78150-4713.
(c) If after 60 days you have submitted new evidence, the Board
reviews the case again. If the Board determines that your application
now merits approval, it proceeds according to paragraph (e).
(d) If you do not submit additional evidence or if, after review,
the Board determines that your application should be denied, it
forwards the case to the AFPC for final decision.
(e) HQ AFPC/DPPRS notifies you of the final decision.
(f) If your application is denied, the Board returns it to you
without prejudicing any later consideration.
Sec. 881.7 Discharge upgrade.
If you are approved for a General Discharge, you may apply to the
Air Force Discharge Review Board for discharge upgrade under AFI 36-
3201, Air Force Discharge Review Board (formerly AFR 20-10) or to the
Air Force Board for Correction of Military Records under AFI 36-2603,
Air Force Board for Correction of Military Records
[[Page 33402]]
(formerly AFR 31-3). SAF/MIBR provides copies of these instructions and
application forms to individuals who received a General Discharge.
Sec. 881.8 Disposition of documents.
(a) File a copy of the application, supporting evidence, and DD
Form 214 in the Master Personnel Records Groups maintained at the
National Personnel Records Center, St. Louis, MO 63132, for approved
cases. Send copies of DD Form 214 to:
(1) The applicant.
(2) The Veterans' Administration.
(3) HQ AFPC/DPPRS, 550 C Street West, Suite 11, Randolph AFB, TX
78150-4713.
Sec. 881.9 Form prescribed.
The following form, DD Form 2168, Application for Discharge of
Member or Survivor of Member of a Group Certified To Have Performed
Active Duty With the Armed Forces of the U.S., is required for
processing the stated claims.
Appendix A to Part 881--Glossary of Terms
Active Military Service--See 38 U.S.C. 106.
Civilian or Contractual Group--An organization whose members
rendered service to the U.S. Air Force or a predecessor organization
during a period of armed conflict. In that capacity the members were
considered civilian employees with the Armed Forces or contractors with
the U.S. Government, providing direct support to the Armed Forces. An
example of such a group is the Women's Air Force Service Pilots, who
were Federal civilian employees attached to the U.S. Army Air Force
during World War II.
Discharge--Complete severance from the active military service. The
discharge includes a reason and characterization of service.
Recognized Group--A group whose service the Secretary of the Air
Force has determined was ``active duty for the purposes of all laws
administered by the Department of Veterans' Affairs,'' such as VA
benefits under 38 U.S.C. 106.
Janet A. Long,
Air Force Federal Register Liaison Officer.
[FR Doc. 99-15428 Filed 6-22-99; 8:45 am]
BILLING CODE 5001-05-P