RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-00363

XXXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

He be provided a DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect completion of service.

APPLICANT CONTENDS THAT:

A DD Form 214 was not created per the Initiation of Separation letter, with the legal recommendation for an honorable discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Reserve senior airman.  

On 15 Aug 88, the applicant was notified of initiation of separation action for physical disqualification.  On 20 Aug 88, the applicant acknowledged receipt.

Per Reserve Order IK-4121, the applicant was placed on the USAF Reserve Retired List effective 15 Sep 88.

On 28 Feb 18, ARPC/DPTS provided a DD Form 214 to the applicant for completion of his initial training period of 30 Jun 83-14 Nov 83 (Exhibit C).

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

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  

The DD Form 214 is not a document that is created automatically for the Air National Guard or Reserves of the Air Force upon Discharge, Separation or Retirement.  To qualify for the creation of a DD Form 214, members must have completed 90 plus consecutive days of active duty service or any length of time if the orders are in support of a named contingency, such as: Operation Enduring Freedom/Iraqi Freedom/Noble Eagle/New Dawn.  A retirement or discharge DD Form 214 will only be issued if a member is on active duty orders up to the effective date of retirement or discharge.

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 on 21 Aug 18 for comment (Exhibit E), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

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 ARPC/DPTS 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, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that 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-2017-00363 in Executive Session on 16 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-00363:

Exhibit A:  Application, DD Form 149, w/atchs, dated 18 Jan 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  OPR Cover Letter, ARPC/DPTS, w/atchs, dated 28 Feb 18.
Exhibit D:  Advisory opinion, ARPC/DPTS, dated 14 Aug 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 21 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.