RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00526

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for his service in the Air Force Reserve during the period 14 July 1995 to 17 August 2009.

APPLICANT CONTENDS THAT:

He served as a flight surgeon and was called to active duty multiple times in support of Operation ENDURING FREEDOM.  However, he was never issued a DD Form 214 following his honorable discharge from the Air Force Reserve.

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

STATEMENT OF FACTS:

According to Reserve Order PA-1029 dated 31 July 1995, the applicant was appointed and assigned to the Air Force Reserve in the grade of captain (O-3) effective 14 July 1995.

According to AF Form 938, Request and Authorization for Active Duty/Active Duty Tour, provided by the applicant, he was ordered to perform an annual tour under the provisions of AFMAN 36-8001, Reserve Personnel Participation and Training Procedures, [Since superseded by AFI 36-2254, Reserve Personnel Participation], for the period 3-8 January 2004.

According AF Form 526, ANG/USAFR Point Credit Summary, for the period 14 July 2003 through 13 July 2004, the applicant was credited for annual tours for the periods 1-6 November 2003 and 3-8 January 2004.  He was not credited with active duty points during this period.

According to Reserve Order HB-001514 dated 11 October 2006, the applicant was reassigned to the Inactive Status Reserve Section effective 4 October 2006.

Reserve Order CB-001815, dated 20 August 2009, indicates the applicant was honorably discharged from all appointments in the Air Force Reserve effective 17 August 2009, and would be furnished a DD Form 256, Honorable Discharge Certificate.

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

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  According to AFI 36-3202, Separation Documents, paragraph 4.5, military members will be issued a DD Form 214 if they complete 90 consecutive or more active duty days, or 1 or more days in support of a contingency operation, which applies to reservists ordered to active duty under sections 12301, 12302, 12304, 12306, 12307, or 688 of Title 10, United States Code.  There is no evidence in the record or provided by the applicant to indicate that he meets these criteria.  The complete advisory, with attachment, 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 29 November 2017 for comment (Exhibit D), and the applicant replied on 27 December 2017.  In his response, he argues that although ARPC/DPTS states there is insufficient evidence to show he qualifies for a DD Form 214, his initial submission included several documents verifying his eligibility.  Specifically, a letter from his former commander and combat orders to Baghdad and Iraq in support of a contingency operation.  The applicant’s complete response, with attachments, is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted 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.  While the evidence does indicate the applicant deployed as he claims, it appears he was not called to active duty under any of the sections of Title 10 that would have qualified him for the relief he seeks.  The Board commends the applicant for his service, but regrets that within the parameters of existing law and policy the requested relief is not available.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, 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-2017-00526 in Executive Session on 10 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 January 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 10 October 2017.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 November 2017.
Exhibit E:	Applicant’s response, w/atchs, dated 27 December 2017.

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