RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02234

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to accurately reflect his total years of service.

APPLICANT CONTENDS THAT:

His DD Form 214 indicates his active years of military service as 8 November 1978 through 30 June 1992.  However, he served a total of 26 years and 15 days of active duty during the period 15 June 1966 through 30 June 1992.  A corrected DD Form 214 was supposed to be provided to him.  However, he never received it.  This issue is affecting his Department of Veterans Affairs benefits.

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

STATEMENT OF FACTS:

On 16 June 1966, the applicant entered the Regular Air Force.

On 30 June 1992, the applicant received an honorable discharge, and was credited with 26 years and 15 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/DPSOR recommends denial indicating there is no evidence of an error or an injustice.  The applicant’s service times are accurately reflected on the DD Form 214 for the respective periods of service.  A review of the applicant’s military records reveal four (4) DD Forms 214 capturing a total of 26 years and 15 days of active service and covering a continual period of service from 16 June 1966 – 30 June 1992.  It is a common misperception that all information on a prior DD Form 214 is carried forward to a consolidated/final ‘retirement’ DD Form 214.  Each document carries its own weight as a record for a specific period of active duty and one does not replace another.  They are each valid certificates of service and appropriately record prior active and inactive time.  By adding block 12c (Net Active Service This Period) of the applicant’s DD Form 214 closing out on 30 June 1992 with block 12d (Total Prior Active Service) - the cumulative active time from prior DD Forms 214 results in a combined total of 26 years and 15 days of active service.

A complete copy of the AFPC/DPSOR evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 December 2015, a copy of the Air Force evaluation was forwarded to the applicant 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:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-02234 in Executive Session on 19 April 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 28 May 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSOR, dated 22 December 2015.
Exhibit D.  Letter, AFBCMR, dated 22 December 2015.