RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04152

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, for the period ending 25 March 1991 be amended as follows:

	Item 11, Primary Specialty, be amended to reflect 6 years and 1 month instead of 1 month. 

	Item 12, Record of Service, Block d, Total Prior Active Service, be amended to reflect an additional 5 years to the currently reflected 10 years, 2 months and 27 days.  

	Item 12, Block e, Total Prior Inactive Service and Block f, Foreign Service, be amended to reflect his entire periods of service, to include his service with the U.S Marine Corps.  

Item 14, Military Education, be amended to include his Health Professions Scholarship (HPSP), the Armed Forces Combat Casualty Course, School of Aerospace Medicine, Battlefield Medicine Course and Aerospace Medicine Primary Course.   

His service in support of Operation DESERT STORM be documented and he be awarded the Southwest Asia Service Medal (SWASM) (ADMINISTRATIVELY CORRECTED).  

APPLICANT CONTENDS THAT:

His final DD Form 214 should reflect his entire service time and awards, to include his service in the U.S. Marine Corps.  

He was a crew member on a C-141 aircraft as a flight surgeon.  He flew to Ramstein AB, GE, Riyadh, Saudi Arabia and Aviano AB, Italy.  He did not know the SWASM existed.  

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

STATEMENT OF FACTS:

On 25 March 1991, the applicant was released from this period of active duty service.  He was credited with 1 month and 20 days of active duty service this period.  He was also credited with 10 years, 2 months and 27 days of prior active duty service.  

The DD Form 215, Correction to DD Form 214, dated 13 June 2016, reflects the applicant’s record was corrected to reflect award of the SWASM.    

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.  There is no error or injustice in the applicant’s record and the applicant did not provide evidence of an error or injustice.  The DD Form 214 certifies a military member’s release or discharge from active duty for a period of service and captures item by item, by authority, the military member’s pertinent and military service data.  The DD Form 214 is prepared in accordance with DODI 1336.01, Certificate of Release or Discharge from Active Duty (DD 214/5 Series), and AFI 36-3202, Separation Documents.  To approve the applicant’s request would be contrary to the Department of Defense and Air Force instructions.  

DPTS is unable to change the applicant’s DD Form 214 as requested.  Per AFI 36-3202, the years in his primary specialty, military education, foreign service and awards are for this period of active duty only and the DD Form 214 is correct as is.  Furthermore, there is no official document to show that the applicant’s total prior active service is incorrect.  The applicant also contends he should get credit for the Armed Forces HPSP.  His records show he was a medical student from 1 September 1977 through 16 May 1981.  Time served while enrolled in HPSP is not creditable service in accordance with DODFMR Volume 7A, Chapter 1.  Per DODI 1215.07, Service Credit for Non-Regular Retirement, “Members of the Selected Reserve who satisfy the requirements of the HSP/FAP for active service pursuant to section 2126 of Reference (c) will be credited with 50 retirement points for each year of participation course of study.”  If the applicant can provide supporting documents, such as orders putting him on active duty, he may be eligible to receive prior active service credit.  

Additionally, in regards to his foreign service, the applicant’s records show he was sent to Lackland AFB, TX for Operation DESERT STORM and then reassigned shortly thereafter to Keesler AFB, MS.  There was no documentation, such as orders or travel vouchers, to show any foreign service.   DPTS issued a DD Form 215 to add the SWASM.    

A complete copy of the ARPC/DPTS 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 22 August 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 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, aside from the administrative correction for award of the SWASM, 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-2015-04152 in Executive Session on 1 November 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04152 was considered:

	Exhibit A.  DD Form 149, dated 21 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTS, dated 13 June 2016, 
			  w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 22 August 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.