RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02646

XXXXXXXXXX	COUNSEL: NONE

  	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, effective 28 Feb 91, be corrected to reflect the following:  

	Block 12a., Date Entered Active Duty This Period; 26 Feb 69 instead of 17 May 78.

	Block 12c., Net Active Service This Period; 22 years, 4 days instead of 12 years, 9 months, 14 days.

APPLICANT CONTENDS THAT:

His final DD Form 214 does not reflect the correct dates and the total amount of time he served in the Air Force, from 27 Feb 69 to 28 Feb 91.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS: 

The applicant is a retired Air Force technical sergeant (E-6).

On 27 Feb 69, the applicant entered active duty in the Regular Air Force.  

On 19 Jul 72, the applicant was honorably discharged and credited with three years, four months and twenty three days of active service.  The applicant received a DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

On 20 Jul 72, the applicant entered active duty in the Regular Air Force.

On 16 May 78, the applicant was honorably discharged and credited with five years, nine months and twenty seven days of service for this specified period of active duty.  His total active service, to include prior active service, was reflected as nine years, two months and twenty days.  The applicant received a DD Form 214, Report of Separation from Active Duty.

On 17 May 78, the applicant entered active duty in the Regular Air Force.

On 28 Feb 91, the applicant was retired from active duty with honorable character of service.  He was credited with twelve years, nine months, and fourteen days of active service for this specified period of active duty.  His total active service, to include prior active service, totaled twenty two years and four days of active service.  The applicant received a DD Form 214, Certificate of Release or Discharge from Active Duty.  

On 14 Jul 90, Special Orders No. AC-013651, was issued reflection the applicant was relieved from active duty, effective 28 Feb 91.  He was credited with 22 years and 4 days of active service for retirement.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM-214 recommends denying the application.  There is a misperception that all prior DD Forms 214 information is carried forward to a consolidated “final” DD Form 214.  However, each document carries its own weight as a record for a specific period of active duty and one does not replace another (based on the version of DD Form 214, directives, and polices in use at the time each was published).  Each DD Form 214 is a valid certificate of service that records active and inactive time.  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 17 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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM-214 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-2016-02646 in Executive Session on 29 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM-214, dated 21 Sep 16.
Exhibit D:	Notification of Advisory, AFBCMR to applicant, dated 17 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.