RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01371

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be provided a DD Form 214, Report of Separation from Active Duty, with his final discharge date of 26 Sep 79.

APPLICANT CONTENDS THAT:

His VA records indicate his discharge date is 30 Aug 76, but his DD Form 256 AF discharge document reflects 26 Sep 79.  The failure to provide a DD Form 214 past Aug 76 was due to his TDRL (temporary disability retired list) status.  He was reassigned to active duty multiple times, but he was not discharged until Sep 79.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.  

On 31 Aug 76, the applicant was placed on TDRL for a physical disability and furnished a DD Form 214, dated 30 Aug 76.

The DD Form 256 AF provided by the applicant, indicates he was removed from TDRL and honorably discharged effective 26 Sep 79.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/Service Dates recommends denying the application.  There is no evidence the applicant was ordered back to extended active duty.  The complete advisory is at Exhibit C.

AFPC/Disability recommends denying the application.  A DD Form 214 is not authorized when a member is removed from TDRL.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Dec 16 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

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 concurs with the rationale and recommendation of AFPC’s offices of primary responsibility and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  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.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; 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 Docket Number BC-2016-01371 in Executive Session on 26 Jun 18:

All members voted not to correct the record.  The panel considered the following regarding Docket Number BC-2016-01371:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Mar 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/Service Dates, dated 21 Oct 16.
Exhibit D:	Advisory opinion, AFPC/Disability, dated 3 Nov 16.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Dec 16.

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