RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03520

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her entrance date into the Air Force Reserve (AFR) be corrected to reflect 1 May 1975.

APPLICANT CONTENDS THAT:

She accomplished all the necessary paperwork and testing to enter the AFR on 1 May 1975; she signed up in January 1975.

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

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve on 9 May 1975.

According to the applicant’s DD Form 214, Report of Separation from Active Duty, she initially entered active duty in the Air Force on 29 May 1975.  She was credited with six months of active duty.  

According to the applicant’s DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 20 January 2016, she initially entered active duty on 3 June 1975, rather than 29 May 1975.

According to Reserve Order CA-024339, dated 31 May 1977, she was furnished an honorable discharge effective 8 May 1977.   

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.  Based on the applicant’s record, her DD Form 214 was changed to show Block 15, “Date Entered Active Duty This Period” as 3 June 1975.  The applicant’s claim that she started service in January 1975 is not correct as her enlistment documents show she enlisted with no prior service on 9 May 1975 and her pay date was established as the same date.  Although they were able to correct the member’s date Entered Active Duty (EAD), ARPC was unable to change the date to 1 May 1975 as requested.  To approve the applicant’s request would be contrary to the Department of Defense and Air Force Instructions.

By way of background, a review of her military record shows the applicant signed her enlistment contract on 9 May 1975, the date she enlisted in the Air Force Reserve (AFR).  Her record shows a request for active duty for training beginning on 3 June 1975 and ending 29 November 1975 per AFRES Form 96, Request and Authorization for Active Duty Training/Non-Prior Service.  The active duty training consisted of administrative processing and travel to Lackland AFB for Basic Military Training (BMT) and formal school training.  Her AF Form 526, ANG/USAFR Statement of Points Earned, prepared on 10 July 1976, shows the exact dates of active duty.  Based on this documentation, a DD Form 215 was created to correct the applicant’s “Date Entered Active Duty This Period” to 3 June 75, as well as her accurate “Date of Birth” to 27 March 1956.  

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 16 March 2016 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 she 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, beyond the administrative relief provided, because we do not find it would be in the interest of justice to recommend granting additional 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-2015-03520 in Executive Session on 17 November 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPTS, dated 4 Jan 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 16 Mar 16.

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.