RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02252

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He receive a DD Form 214, Certificate of Release or Discharge From Active Duty, for his military from 1 Oct 97 to Sep 01 and Sep 01 to Nov 09.

APPLICANT CONTENDS THAT:

He did not receive a DD Form 214 for his military service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 16 Oct 97, the applicant entered in the Reserve of the Air Force.  

According to the applicant’s DD Form 214 dated 13 Nov 01, he served on active duty from 2 Nov 97 to 13 Nov 01, for a total of 4 years and 11 days of active duty service.

On 9 Nov 09, the applicant was honorably discharged from the Reserve.

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.  

Per AFI 36-3202, Separation Documents, states in order to receive a DD Form 214 a service member must complete 90 consecutive or more active duty days or 1 day or more if in support of a contingency operation.  The DD Form 214 certifies the service member’s Release or Discharge from Active Duty and captures item by item, by authority, the service member’s military service and pertinent data.  Furthermore, the applicant’s Reserve discharge order accurately reflects his service with the Reserve.

There was no evidence of an error in the applicant’s record.  The applicant’s DD Form 214 accurately reflects his Regular Air Force service, to include his four years of active duty time.

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 21 Feb 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, the Board concludes 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 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.

The application was adjudicated without a personal appearance.

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-2017-02252 in Executive Session on 31 May 18:

All members voted not to correct the record.  The panel considered the following Docket Number BC-2017-02252:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 15 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 Feb 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.