RECORD OF PROCEEDINGS
	
IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-03951

    	COUNSEL: NONE 

	HEARING:  NO

APPLICANT’S REQUEST.  The word “ANGUS” be removed from block/item 5 on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 8 Apr 77, and his AF Form 256AF, Discharge Certificate.  

APPLICANT’S CONTENTION.  At the time of his discharge from the active duty Air Force on 8 Apr 77, he was not assigned to or under the authority and control of the Air National Guard (ANGUS).  The claimant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  On 8 Apr 77, the applicant was furnished an Honorable discharge with the following verbiage in Block 5 of his DD Form 214: “Air Force, ANGUS.”  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION.  

1.	 AFPC/DP2LT recommends denying the applicant’s request.  Based on the Air Reserve Personnel Center (ARPC) Form 75, Extended Active Duty Order, the applicant was ordered involuntarily to EAD on 26 May 75, later amended to 9 Sep 75.  He was ordered to EAD in accordance with Title 10, section 673a and Executive Order 11366, dated 4 Aug 67.  Therefore, he was not on active duty, and his DD Form 214 should reflect Reserve duty, not the active duty time he requested.  

2.	ARPC/DPTS recommends denying the application.  ARC/DPTS agrees with AFPC/DP2LT's analysis of the facts.  Although he was under the operational control of the Air Force, the applicant’s component did not change from the ANG.  Therefore, Block 2 of the applicant’s EAD correctly indicates his component as the ANGUS.  AFPC/DPTS found no error or injustice with the component he was assigned.  No change is warranted.  

The complete advisories are at Exhibits C and D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 16 Jan 18 for comment (Exhibit E), but has received no response.  

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The claimant 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 the applicant is not the victim of an error or injustice.  The Board concurs with AFPC/DPTS and finds 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.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS:  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 AFBCMR Docket Number BC-2016-03951 in Executive Session on 11 Apr 18:

Panel Chair
Panel Member
Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 26 Sep 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2LT, dated 6 Jan 17, w/atch.
Exhibit D: Advisory opinion, ARPC/DPTS, dated 28 Nov 17.
Exhibit E:  Notification of Advisory, SAF/MRBR to applicant, dated 16 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.