RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03680

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive a DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflecting his active duty (AD) service.

APPLICANT CONTENDS THAT:

He was not issued a DD Form 214 upon his discharge from AD.  Additionally, his military personnel records were destroyed in the National Personnel Records Center (NPRC) fire in 1973. 

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

STATEMENT OF FACTS:

On 31 Jul 60, according to documents (Reserve Order Number CA-028993) submitted by the applicant, he was honorably discharged from the Air Force Reserve.  

On 20 Oct 16, AFBCMR received additional documentation from the applicant in support of his requested relief.  Documentation included the ATRC Form 50-17, Student Record – Technical Training, Certificates of Proficiency for technical training, and copies of orders and his discharge certificate previously submitted (Exhibit E).  

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 application is not timely as 60-years have passed since the applicant departed active service.  A review of the applicant’s military records maintained at NPRC revealed only a roll call sheet, for a set date within an unknown year or type service.  NPRC did not provide the expected memorandum for evidence that the records were damaged/destroyed.  DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), AFI 36-3202, Separation Documents, and governing publication guides require a defined period of qualifying service to publish a DD Form 214.  Without a clearly defined start and stop date of active service, the Air Force is unable to generate a DD Form 214.  Insufficient records exist to confirm if the applicant had qualifying active duty time that would have generated a DD Form 214.  

They do recommend the board confirm through a directive, the facts of an incomplete record, validate Honorable military service based on evidence, describe that insufficient records exist to generate a DD Form 214, and let the directive serve as proof of military service for applicable veteran benefits and entitlements.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his requested relief the applicant provides copies of his ATRC Form 50-17, Student Record – Technical Training, Certificates of Proficiency for technical training, copies of orders and his discharge certificate previously submitted (Exhibit E).  

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial indicating there is no evidence of an error or an injustice.   Although the applicant provided further documentation in the form of ATRC Form 50-17, the status of service (Reserve, Guard or Active) at that time could not be determined. Also, insufficient evidence is present to determine active duty service start and stop dates as required by DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), AFI 36-3202, Separation Documents, and governing publication guides required to define period of qualifying service to publish a DD Form 214.  Based on the previous advisory, dated 4 Aug 16 and due to facts of an incomplete record and insufficient evidence to validate Honorable “active” military service a DD214 cannot be produced.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit F.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 29 Nov 16 for review and comment within 30 days (Exhibit G).  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.  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-2015-03680 in Executive Session on 22 Sep 16 and 11 Jan 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03680 was considered:

	Exhibit A.  DD Form 149, dated 5 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 4 Aug 16.
	Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 16.
	Exhibit E.  Letter, Applicant, received 20 Oct 16, w/atchs.
	Exhibit F.  Memorandum, AFPC/DP2STM, dated 23 Nov 16.
	Exhibit G.  Letter, SAF/MRBR, dated 29 Nov 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.