RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04469

XXXXXXXXXXXXXX	COUNSEL:  NONE
	(MEMBER)

XXXXXXXXXXXXXX	HEARING:  NO
	(APPLICANT)

APPLICANT REQUESTS THAT:

Her deceased spouse’s DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show Place of Entry into Active Duty as Tyler, Texas.

APPLICANT CONTENDS THAT:

The service member entered the military in Texas, and not North Dakota.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is the widow of a deceased Air Force Master Sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denying the application.  There was no supporting documentation provided that reflects Tyler, Texas as the service member’s place of entry on to active duty.  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 23 Aug 18 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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  A copy of the DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, or the Standard Form 86, Questionnaire for National Security Positions, would have been sufficient evidence to support the applicant’s request, but was not provided with the service member’s National Personnel Records Center file.  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-2016-04469 in Executive Session on 9 Oct 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 2 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 7 Sep 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Aug 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, regarding Docket Number BC-2016-04469.