RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS.


IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-01816

				COUNSEL:  NONE

						HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

1.  His DD Form 214, Armed Force of the United States Report of Transfer or Discharge, dated 31 Jul 71, be corrected to include his service time while in the United States Navy Reserve (USNR), United States Marine Corps Reserve (USMCR), and the United States Marine Corps (USMC).

2. The Air Force confirms the beneficiary of his Survivor Benefits Program (SBP) and the annuity amount they would receive in the event of his death.  (Administratively Corrected)


APPLICANT CONTENDS THAT:

When he retired from the United States Air Force (USAF) in 1971, the clerk who did his out-processing said his 6 years in the USNR, USMCR and USMC service did not count against his USAF retirement.

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

On 25 Jul 49, the applicant enlisted into the United States Navy Reserve and was discharged 1 Feb 51.

On 2 Feb 51, the applicant enlisted into the United States Marine Corps Reserve and was discharged on 4 Jun 53.

On 4 Sep 56, the applicant enlisted into the Air Force.

On 31 Jul 71, the applicant was relieved and retired, effective 1 Aug 71, and was credited with 20 years and 3 months of active service.  

According to retirement order, he was credited with 21 years, 9 months and 7 days for pay purposes.

On 28 Jan 16, AFPC/DPFFF confirmed the applicant’s SPB beneficiary and the beneficiary’s annuity amount (Exhibit D).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSIPV recommends denial indicating there is no evidence of an error or an injustice.  It was confirmed the applicant received full credit for all his years of prior and USAF service.  The applicant’s service in the USNR, USMCR, and the USMC, equaling 1 year, 6 months and 7 days of inactive service; combined with 5 years, 4 months and 3 days of active duty service, total 6 years, 10 months and 10 days of prior service credit.  Further it is confirmed the applicant served continuously on active duty in the United States Air Force from 4 Sep 56 through 31 Jul 71, for 14 years, 10 months and 27 days.

The applicant’s retirement orders state that he had 21 years, 9 months and 7 days of service for pay, and 20 years and 3 months for active service retirement.

A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Feb 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

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 that he is the victim of an error or injustice.  The advisory confirmed that his retirement orders correctly reflected the total of all the time he served, including credit for the time he served in the USN, USMC and USMCR.  The DD Form 214 in question correctly reflected the service covered by the period of that 214.  The retirement orders govern the total amount of credit.  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 and in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively.


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.


The following members of the Board considered AFBCMR Docket Number BC-2015-01816 in Executive Session on 1 Mar 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIPV, dated 25 Jan 16
        Exhibit D.  Memorandum, AFPC/DPFFF, dated 28 Jan 16.
	Exhibit E.  Letter, SAF/MRBR, dated 5 Feb 16.