RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02443

	COUNSEL: 
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect a Date of Separation (DOS) of 1 Dec 88 vs 27 Nov 88.

APPLICANT CONTENDS THAT:

During the development of his retirement package, it was discovered that a Department of Defense Manpower Data Center (DMDC) document reflects his active duty end date of 1 Dec 88, his correct DOS.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force captain.  

On 7 Jan 88, the applicant submitted AF Form 780, Officer’s Voluntary Application for Separation, and requested resignation from the Air Force effective 1 Dec 88. 

On 8 Mar 88, HQ AFMPC/DPMARS1 approved the applicant’s resignation and directed the applicant be discharged effective 1 Dec 88.

On 2 Nov 88, the applicant accepted a change to his DOS from 1 Dec 88 to 27 Nov 88 and indicated the change would allow him to depart on 3 Nov 88 and take terminal leave and that the change would not cause any hardship.  On the same date, the applicant’s resignation was accepted by the President, effective 27 Nov 88, Special Order AD-314.

On 27 Nov 88, the applicant was honorably discharged with a narrative reason for separation of Voluntary Resignation: Miscellaneous Reason and was credited with 7 years and 3 days of active service.

On 28 Nov 88, the applicant was appointed as a reserve of the Air Force in the grade of captain.

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 was aware of the change of DOS based on his signature on memorandum, dated 2 Nov 88, indicating that he accepted a change of date of separation from 1 Dec 88 to 27 Nov 88.  Furthermore, the applicant accepted commission as a reserve of the Air Force immediately upon separation from active duty.   AFPC/DP2STM contacted the DMDC to correct the applicant’s DOS in their system.  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 11 May 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.  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.    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-2017-02443 in Executive Session on 27 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 27 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 May 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 for Docket Number BC-2017-02443.