RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02132

  XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His discharge date be changed from 17 July 2014 to 11 September 2014.

APPLICANT CONTENDS THAT:

On 17 July 2014, he submitted a request to be discharged from the California Air National Guard (ANG).  However, it was not until 11 September 2014, that he was notified his NGB Form 22, Report of Separation and Record of Service, was available and would be mailed to him.  Therefore, his discharge date should be 11 September 2014, rather than 17 July 2014.  This error has caused a large TRICARE [medical] debt.

In support of his request, the applicant provides copies of electronic communiqués, NGB Form 22, Special Order P-009487, a hospital statement for service rendered on 22 August 2014, and an undated letter to his commander requesting he be discharged from the ANG and prompt consideration of his placement in the Individual Ready Reserve.

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

STATEMENT OF FACTS:

According to the applicant’s NGB Form 22, on 4 April 2012, he entered the ANG and on 17 July 2014, he received an honorable discharge and was credited with 2 years, 3 months, and 14 days of total service for pay.  His reason for discharge is “Resignation for Own Convenience.”

According to Special Order P-009497 dated 22 August 2014, the applicant was honorably discharged from the ANG effective 17 July 2014 and transferred to Headquarters Air Reserve Personnel Center effective 18 July 2014.

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:

NGB/A1P recommends denial indicating there is no evidence of an error or an injustice.  On 17 July 2014, the applicant submitted a request to be discharged from the ANG.  On 11 September 2014, he received an automated email that his NGB Form 22 was available and would be mailed to him.  The effective date of separation indicated on the applicant’s NGB Form 22 is 17 July 2014.  In addition Special Order P-009497 reflected that he was honorably discharged with an effective date of 17 July 2014.  The applicant continued to use his TRICARE benefits between the time he submitted his request for discharge (17 July 2014) and the time he received his NGB Form 22, incurring a debt.  The applicant states he believes when he submitted his request on 17 July 2014, it was only a request and it could have been denied.  Therefore, the date on the NGB Form 22 was backdated, causing the TRICARE debt.  The applicant did not respond to NGB/A1P’s request for documentation relating to his TRICARE debt indicating he paid for coverage during the period between July and September 2014.  If the applicant was not paying for TRICARE coverage, the bills he received for services rendered are not an error or injustice.

A complete copy of the NGB/A1P 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 6 May 2016, 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-02132 in Executive Session on 14 June 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, III

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02132 was considered:

Exhibit A.  DD Form 149, dated 12 May 2016, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, NGB/A1P, dated 25 April 2016.
Exhibit D.  Letter, SAF/MRBR, dated 6 May 2016.