RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03407

	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

Block 12a, Date Entered Active Duty This Period, of his 31 Jul 93 DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from 27 Jun 76 to 28 Jun 68.

APPLICANT CONTENDS THAT:

He enlisted on 28 Jun 68 and served until 31 Jul 93 without a break in service.    

STATEMENT OF FACTS:

The applicant is a retired Air Force Senior Master Sergeant. 

Applicant provides a DD Form 214, Certificate of Release or Discharge from Active Duty, which shows he entered active duty on 27 Jun 76 and was discharged on 31 Jul 93 with an Honorable discharge.

Applicant provides a Retirement Order, Special Orders No. AC-005253, which shows he was relieved from active duty on 31 Jul 93 with 25 years, 1 month, 3 days of total service.

On 6 Dec 16, AFPC/DP2LT informed the applicant they administratively corrected blocks 12a, 12c, and 12d on his DD 214 dated 31 Jul 93 to show continuous service for 25 years, 1 month and 3 days.

For more information, see the applicant’s record at Exhibit B and the advisory at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denying the application.  The applicant was issued 3 separate DD Form 214s covering his active duty service.  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 26 Sep 17 for comment (Exhibit E), and the applicant replied on 12 Oct 17.  In his response, the applicant contended that he should be given one DD 214 that covers his complete service time and reflect enlistment date of 29 Jun 68.  The applicant’s complete response is at Exhibit F.

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/DP2LT 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, aside from the administrative correction to his DD 214 dated 31 Jul 93, 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-2016-03047 in Executive Session on 26 Jun 18:

All members voted not to correct the record.  The panel considered the following regarding Docket Number BC-2016-03047:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, w/atchs, dated 2 Dec 16.
Exhibit D:	Admin Relief Letter, AFPC/DP2LT, w/atchs, dated 6 Dec 16.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Sep 17.
Exhibit F:	Letter, Applicant Rebuttal, received on 12 Oct 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.