RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-02471

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect fulfillment of military obligation, ribbons, decorations, unit, awards, foreign service, and involvement in Operation Enduring Freedom.

APPLICANT CONTENDS THAT:

Her DD Form 214 is missing information for her entire service, or she is missing a DD Form 214.  She needs this information documented in order to apply for Department of Veterans Affairs (VA) benefits, federal hiring, and tax relief.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.  

Master personnel records contain an NGB Form 22, Report of Separation and Record of Service, with a discharge date of 3 Dec 04. 

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

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  

In accordance with Air Force guidance, in order to receive a DD Form 214 a member must complete 90 consecutive or more active duty days, or 1 day or more if in support of a contingency operation.  The applicant was not on active duty orders for the entirety of her career.  The                DD Form 214 on file is for her initial active duty training, and the only DD Form 214 to which she is entitled based on her points summaries showing her participation from 1997-2004.  Additionally, being attached to a unit during the time of a contingency does not entitle members to receive a   DD Form 214; one would need to actively participate in support of the contingency.  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 12 Mar 18 for comment (Exhibit D), 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).  Moreover the applicant has offered no plausible reason for the delay in filing the application.  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-2017-02471 in Executive Session on 29 May 18:

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

Exhibit A:  Application, DD Form 149, w/atch, dated 7 May 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, ARPC/DPTS, w/atchs, dated 1 Feb 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 12 Mar 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 regarding AFBCMR Docket Number BC-2017-02471.