RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02325

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from the Air Force, Block 12a be corrected from 20 Mar 84 to 24 May 79 and Block 12b be corrected from 15 Sep 89 to 4 Oct 89. 

APPLICANT CONTENDS THAT:

He entered active duty on 24 May 79 and was discharged on 4 Oct 89 and his DD Form 214 should reflect his total time on active duty.

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

STATEMENT OF FACTS:

On 26 Jun 79, the applicant initially entered the Regular Air Force, as evidenced by DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, dated 26 Jun 79.

On 20 Mar 84, the applicant’s DD Form 214 reflects he entered active duty.

On 15 Sep 89, the applicant was discharged and credited with 5 years, 5 months and 26 days of active service.  

On 15 Sep 89, the applicant’s AF Form 100, Request and Authorization for Separation, dated 15 Sep 89, reflects that he was discharged.

On 31 Aug 16, AFPC/DPL2T directed the applicant’s DD Form 214, dated 15 Sep 89, block 12a (date entered active duty) be corrected from 20 Mar 84 to 26 Jun 79, block 12c (net active service this period) be corrected from 5 years, 5 months and 26 days to 10 years, 2 months and 20 days and block 12d (total active prior service) be corrected from 4 years, 8 months and 24 days to 0 years, 0 months and 0 days (partially administratively corrected).

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.  

The applicant’s requested dates of entry and discharge in the Regular Air Force could not be verified.  According to the applicant’s Military Personnel File, his DD Form 4 reflects he enlisted into the Air Force Reserve Delayed Entry/Enlistment Program (DEP) on 24 May 79 and enlisted into the Regular Air Force on 26 Jun 79.  His AF Form 100, Request and Authorization for Separation, reflects that he was discharged on 15 Sep 89.  Therefore, an Action Order was accomplished correcting blocks 12a, 12c, and 12d on his DD Form 214, dated 15 Sep 89.

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 14 Jul 17 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 beyond the relief provided administratively.  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 beyond that provided administratively, 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 RECOMMENDS THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness beyond the relief provided administratively.  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-2016-02325 in Executive Session on 24 Aug 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Jun 16, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 31 Aug 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 14 Jul 17, 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.