RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01826

	COUNSEL: NONE
	
 	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect correct entry and discharge dates.

APPLICANT CONTENDS THAT:

His DD Form 214 only reflects his Active Duty (AD) training and does not reflect his time in the Air Force Reserve.  This error has resulted in him being denied Department of Veterans Affairs (DVA) medical services.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was discharged from the Air Force Reserve on 3 Mar 72.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  There are no documents identifying that the applicant meets the criteria to receive another DD Form 214 from his last one dated 18 Aug 66.   The applicant did not perform active duty service qualifying him to receive a DD Form 214 during his time in the Reserve after 18 Aug 66.  However, they provided an AF IMT 1613, Statement of Service to verify his active duty time while in the Air Force Reserve, and in response to his concern about a number of sections of his DD 214 from 1966 that were not filled out properly, they provided an updated DD 214 to replace his original to document his completion of initial active duty training.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 Aug 17 for comment (Exhibit D), 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 and injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTS 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-2016-01826 in Executive Session on 24 Apr 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Apr 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 22 Nov 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 9 Aug 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, pertaining to Docket Number BC-2016-01826.