RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03159

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His active duty points be added for Retention/Retirement (R/R) years 23 May 64 – 22 May 65 and 23 May 67 – 22 May 68 to his AF Form 168, Computation for Points and Satisfactory Service Credit Summary, dated 10 Apr 05.  

APPLICANT CONTENDS THAT:

He served on active duty for those years and that time should be included along with the membership points already shown on the summary form.  He is applying for a Department of Veterans Affairs (VA) loan and will be denied if these points are not included.  

In support of his application, he provides a copy of his previous AFBCMR case (BC-2015-01412) in which ARPC/DPTS administratively corrected his participation points for R/R year ending in 1968.  

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

STATEMENT OF FACTS:

The applicant initially entered the Air Force for active duty training on 27 May 62.

On 24 Aug 62, the applicant was released from active duty for completion of training and furnished an honorable discharge, and was credited with 2 months, and 28 days of active service.   

The applicant continued to affiliate with the Reserve Component and was honorably discharged from the Air Force Reserve effective 22 May 68.  

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:

ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice.  In a previous request for membership points ending in R/R year ending in 1968, DPTS administratively corrected his record and credited him with 15 membership points as he requested.  The applicant now claims he had active duty points in R/R years ending in 1965 and 1968.  After a review of the applicant’s record, DPTS discovered 22 inactive training points for R/R year ending in 1968 (administratively corrected).  However, there is no evidence of active duty points for R/R years ending in 1965 or 1968.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Feb 16 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 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief beyond the relief already administratively provided, 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-2015-03159 in Executive Session on 14 Jul 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTS, dated 19 Jan 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 24 Feb 16.