RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00409

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to reflect Radiation Exposure.

APPLICANT CONTENDS THAT:

As an Air Force Security Police member, he was required to guard and transport nuclear devices.  He is unaware of any direct exposure, however does recall being required to wear radiation badges.  His access to Veteran Administration facilities is being hindered due to lack of information on his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 06 Feb 78, the applicant was furnished an honorable discharge in the grade of staff sergeant and was credited with 5 years and 8 months of active service to include 2 years, 9 months and 3 days foreign service.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The applicant’s DD Form 214 reflects the correct remarks authorized for this document.  DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series) and AFR 35-6, Separation Documents, dated 20 Oct 77, govern what can be placed on the DD Form 214.  Governing directives/policy do not state a remark can be made on the DD Form 214 to reflect exposure to radiation equipment.  AFR 35-6, Table 4 – 2 and “Note” for this table reflects the authorized remarks for “Item 27” (Remarks block).  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 13 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 that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Furthermore, 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-2017-00409 in Executive Session on 19 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 13 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, w/atch, dated 11 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Aug 18.
Exhibit E:	DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series)
Exhibit F:	AFR 35-6, Separation Documents.

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