RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00288

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  That her NGB Form 22 (Delaware) items 8b, 10d, 23, 24 and 26 be amended to reflect the following:

1.  Item 8b, Effective Date - 1 Sep 95 rather than 26 Feb 96.

2.  Item 10d, Total Service for Pay – 9 years and 4 months rather than 15 years, 9 months and 26 days - Administratively Corrected to 6 years, 8 months and 5 days - Effective 17 Nov 16

3.  Item 23, Authority and Reason - Unsatisfactory Participation be changed.

4.  Item 24, Character of Service - general (under honorable conditions) be upgraded to honorable.

5.  Item 26, Reenlistment Eligibility – Eligible rather than Ineligible

APPLICANT’S CONTENTION.  The dates and years of service reflected on her NGB Form 22 are incorrect.  Her character of service, narrative reason for separation and reenlistment eligibility are erroneous.  She believes someone else’s information has been entered into her records.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.   The applicant’s military personnel file has limited records and the discharge package was not a part of this file; therefore, the circumstances leading up to her discharge cannot be verified.  

The applicant’s NGB Form 22 and NGB Form 22A reflect she was discharged from the Delaware ANG effective 26 Feb 1996 with a general (under honorable conditions) under the provisions of AFI 36-3209 (Unsatisfactory Performance) in the grade of senior airman.  Her total service for pay reflects 6 years, 8 months and 5 days and her Reenlistment Eligibility reflects Ineligible.  

For more information, see the advisories at Exhibits C and D.

AIR FORCE EVALUATION.  NGB/A1PP recommends denial.  They do not have access to the applicant’s complete service records and are unable to determine if she had unexcused absences or if they were performed satisfactorily.  She has not provided sufficient evidence that an error or injustice occurred when she was discharged and too much time has passed to reach back to her unit for copies of her discharge package.  The complete advisory is at Exhibit C.

ARPC/DPTT recommends denying the application.  ARPC researched the applicant’s record and verified the Effective Date - block 8b on the NGB Form 22 and found that it is correct.  The effective date of the NGB Form 22 is not based on the final drill date but, based on the date the decision of commander is made, which in this case was 30 Mar 08.

Further research revealed a previously issued NGB Form 22 from the North Dakota ANG used to calculate the Total Service for Pay (block 10d) was incorrect.  Therefore, corrections will be made to the Total Service for Pay on both NGB Forms 22 from the Delaware and North Dakota ANG.  The complete advisory, with attachments, is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluations to the Applicant on 11 Sep 17 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  Therefore, other than the administrative corrections noted above, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS:  The APPLICANT be informed that the application was not timely filed; that it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:  The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-00288 in Executive Session on 28 Mar 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 14 Jan 2016, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, NGB/A1PP, dated 7 Oct 2016.
Exhibit D: Advisory opinion, ARPC/DPTT, dated 7 Nov 2016, w/atchs.
Exhibit E: Notification of Advisory, SAF/MRBR to Applicant, dated 11 Sep 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.