RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01292

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, block 22.a.1. Net Service this Period, be corrected from 3 years, 5 months and 2 days to 4 years 0 months and 0 days.

APPLICANT CONTENDS THAT:

His DD Form 214 issued on 3 Feb 70 block 22.a.1. reflects 030502 when it should be 040000.  His DD Form 214 should be corrected and copies of both DD Form 214s showing his service from 1962 – 1970 be forwarded to him.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 Aug 62.

On 3 Feb 66, the applicant was separated from the Regular Air Force and subsequently reenlisted on 4 Feb 66 for 4 years, as evidenced by AF Form 1166, Record of Discharge and Immediate Reenlistment in the Regular Air Force.

On 3 Feb 70, the applicant was furnished an honorable discharge, and was credited with 7 years, 5 months, and 2 days of total active service.

On 31 Aug 70, the applicant’s DD Form 214 was corrected to reflect his total active service;

1.  Block 17.b, Term of Service, from 4 years to 8 years.

2.  Block 17.c, Date of Entry, from 4 Feb 66 to 31 Aug 62.

3.  Block 22.a.1, Net Service this Period, from 3 years, 5 months and 2 days to 7 years 5 months and 2 days 

4.  Block 22.a.2, Other Service, from 4 years, 0 months and 0 days to 0 years, 0 months and 0 days, as evidenced by DD Form 215, Correction to DD Form 214, Armed Forces of the United Sates Report of Transfer or Discharge.

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/DP2LT recommends denial indicating there is no evidence of an error or an injustice.  After a thorough review of the applicant’s master personnel record, only one DD Form 214 was found.  The one and only DD Form 214 covered the period of 4 Feb 66 through 3 Feb 70.  Block 22a reflects 3 years, 5 months, and 2 days; and block 22b reflects 4 years, 0 months, and 0 days.  It appears that the data in these two items were inverted [sic].   Furthermore, a DD Form 215, Correction to DD Form 214, dated 31 Aug 70, corrected all of the mentioned discrepancies [sic].

A complete copy of the AFPC/DP2LT 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 13 Dec 16 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, 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-2016-01292 in Executive Session on 14 Sep 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:
	
        Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Mar 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 9 Aug 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 16, w/atch.

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.