RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03216

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, include his Reserve time from 1982 to 1985 and reflect his rank as Staff Sergeant (SSgt) and pay grade as E-5.

APPLICANT CONTENDS THAT:

He attained the rank of SSgt while serving in the Air Force Reserve from 1982 to 1985.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 August 1969.

On 13 July 1973, the applicant was honorably released from active duty in the grade of sergeant and transferred to the Air Force Reserve.  He was credited with 3 years, 11 months, and 10 days of active service and 2 years, 9 months and 26 days of foreign and/or SEA 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:

ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice.

DPTS is unable to change the applicant’s DD Form 214 as requested.  Per AFI 36-3202, paragraph 2.2.3, the DD Form 214 provides separating members with brief, clear records of their active military service at the time they are transferred, released, discharged, or retired.  The end date of the member’s DD Form 214 is 13 July 1973, and his rank was correct as sergeant as of this date.  His Date of Rank for staff sergeant is 1 March 1985, well after the DD Form 214 end date.  While the member’s term of service includes three years in the Air Force Reserve, there are no documents identifying that the member meets the criteria to receive an additional DD Form 214.  Per AFI 36-3202, paragraph 4.5, to receive a DD Form 214 a member must complete 90 or more consecutive active duty days or one day or more if in support of a contingency operation.

The DD Form 214 certifies the military member’s release or discharge from active duty and captures item by item, by authority, the military member’s pertinent data and military service data.  To approve the request would be contrary to the Department of Defense and Air Force Instruction.

A complete copy of the ARPC/DPTS 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 2 June 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.  

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 or injustice.  We note a DD Form 214 provides separating members with their active military service at the time they are transferred, released, discharged, or retired.  The release from active duty date on the applicant’s DD Form 214 is 13 July 1973; therefore his Reserve time from 1982 to 1985 would not be captured on his DD Form 214.  We further note that the applicant’s date of rank to sergeant as indicated on this DD Form 214 is correct.  His date of rank to staff sergeant is 1 March 1985, well after the DD Form 214 end date.  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-2015-03216 in Executive Session on 11 August 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03216 was considered:

	Exhibit A.  DD Form 149, dated 24 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, ARPC/DPTS, dated 
  17 May 2016, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 2 June 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.