RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04325

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His release from the Air National Guard (ANG) due to discharge 
with severance pay be set aside and reflect that he elected to 
be placed on the Inactive Status List Reserve Section (ISLRS) to 
apply for a Reserve retirement at age sixty.


APPLICANT CONTENDS THAT:

He was not given the option to retire from the ANG.  According 
to the Air Force Reserve Personnel Center (ARPC) he had met all 
requirements to qualify for reserve retirement.

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


STATEMENT OF FACTS:

The applicant was a Technical Sergeant (TSgt) in the Maryland 
Air National Guard during the matter under review.  

According to documents extracted from the applicant’s official 
military personnel record (MPR): 

	The AF IMT 348, Line of Duty Determination, dated, 
30 May 07, indicates his disability was determined to be 
incurred in the line of duty.

	On 6 Feb 08, the applicant was discharged with an honorable 
characterization of service and was credited with 16 years of 
total service for retired pay.   

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/DPFD recommends denial indicating there is no evidence of 
an error or an injustice.  In accordance with AFI 36-3212, 
Physical Evaluation for Retention, Retirement, and Separation, 10 
U.S.C. Section 12731b, prior to March 2009, members of the Air 
Reserve Component (ARC) who incurred a disability in the line of 
duty were not entitled to elect retirement in lieu of disability 
severance pay.  The law in effect at that time of the applicant’s 
discharge (10 U.S.C. Section 12731b), only allowed transfer to 
ISLRS if they had “an unfitting physical disability not incurred 
in the line of duty.”  At the time of the applicant’s release 
from active duty, the applicant’s disability was determined to 
be incurred in the line of duty so he did not meet the 
qualifications for transfer to ISLRS.  In March 2009, the office 
of the Under Secretary of Defense (Personnel & Readiness) 
released a memorandum which expanded the opportunity for members 
with fifteen or more years of satisfactory service to waive 
severance pay and transfer to ISLRS if their disability was 
incurred in line of duty.  The applicant’s discharge was 
appropriately processed using the law in effect at the time of 
his release from service.

A complete copy of the AFPC/DPFD 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 30 Jun 15 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
While the applicant claims a date of discovery of less than 
three years ago, in our view, the reasonable date of discovery 
of the alleged error or injustice was more than three years ago 
and the application is therefore untimely.  The applicant did 
not file within three years after the alleged error or injustice 
was discovered as required by Title 10, United States Code, 
Section 1552 and Air Force Instruction 36-2603.  The applicant 
has not shown a plausible reason for the delay in filing, and we 
are not persuaded that the record raises issues of error or 
injustice which require resolution on the merits.  Thus, we 
cannot conclude it would be in the interest of justice to excuse 
the applicant’s failure to file in a timely manner.  



THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-04325 in Executive Session on 8 Sep 15, under the 
provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-04325 was considered:

	Exhibit A.  DD Form 149, dated 20 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFD, dated 29 Jan 15.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Jun 15.