RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03759

	COUNSEL: 

	HEARING: NO

APPLICANT’S REQUEST.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, Block 12e (total prior inactive service) time be moved to Block 12d (total prior active service).

APPLICANT’S CONTENTION.  His DD Form 214 is incorrect.  According to Section 17.31 of the Code of Federal Regulations (CFR), his U. S. Air Force Academy (USAFA) cadet time from 26 Jun 08 to 22 May 12, should be reflected in Block 12d of his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant was honorably discharged on 10 Jan 13.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATIONS.  AFPC/DP2LT recommends denying the application.  As stated in Title 10, Section 971, service as a cadet at the Air Force Academy may not be credited in computing length of service for any purpose for a commissioned officer.  The complete advisory is at Exhibit C. 

AFPC/DP2STM-213 recommends denying the application.  Per AFPC/DP2LT’s advisory, the applicant’s time as a cadet is considered inactive time and is reflected correctly on his current DD Form 214.  The applicant failed to provide evidence his DD Form 214 is in error.  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’s counsel on 2 Oct 17 for comment (Exhibit E), but has received no response.  

THE BOARD CONCLUDES:

1.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

2.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  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 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, 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:  The APPLICANT be informed that the application was not timely filed; that it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of new 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 AFBCMR Docket Number BC-2016-03759 in Executive Session on 21 Mar 18:

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

Exhibit A: Applicant’s application, DD Form 149, dated 23 Jul 16.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2LT, dated 13 Dec 16, w/atchs.
Exhibit D: Advisory opinion, AFPC/DP2STM-214, dated 14 Dec 16.
Exhibit E:  Notification of Advisories, SAF/MRBR to applicant, dated 2 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.