RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03099

JAMES A. LOWTHER	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge From Active Duty be corrected to reflect the following:

a.	Afghanistan Campaign Medal (AfgCM) (will be administratively corrected to reflect AfgCM with one Bronze Service Star  (AfgCM w/1BSS)).

b.	Non-Article 5 North Atlantic Treaty Organization Medal (NATO) International
Security Assistance Force (ISAF) (Afghanistan) (will be administratively corrected).

c.	Block 12a, Date Entered Active Duty this Period: 13 Nov 98.

d.	Block 12c, Net Active Service this Period:  14 years, 11 months and 16 days.

e.	Block 12h, Initial Entry Training:  13 Nov 98.

APPLICANT CONTENDS THAT:

He did not receive credit for one of his four deployments, as it was an oversight on both his part as well as the squadron awards and decorations office.  His total active duty needs to be corrected in the event he is ever employed by the federal government, the time will count towards retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was discharged from the Air Force as a captain.  

According to an AFPC/DP3AM memorandum dated 22 May 18, they were able to confirm boots on ground Foreign Service time in Afghanistan from 6 May 07 to 9 Sep 07 for four months and four days.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denying the application indicating the applicant enlisted into the Air Force on 13 Nov 98 to attend Officer Training School (OTS), he was discharged from enlisted status on 25 Feb 99 and commissioned as a 2Lt on 26 Feb 99.  He was discharged on 28 Oct 13 as a captain.  Blocks 12a and 12c on the 28 Oct 13 DD Form 214 are correct.  Upon final board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DP2LT and AFPC/DP1SSP.  

AFPC/DP1SSP recommends awarding the AfgCM w/1BSS and the Non-Article 5 North Atlantic Treaty Organization Medal (NATO) International Security Assistance Force (ISAF) (Afghanistan).  Upon final board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DP2STM.

AFPC/DP2STM-214 recommends denying the application indicating the DD Form 214 is correctly prepared.  The applicant was discharged from enlisted status and commissioned as an officer effective 26 Feb 99.  The member’s Enlisted Active Duty (EAD) order dated 26 Feb 99, paragraph 3, states “…is ordered to extended active duty (voluntary) per 10 USC 672(d) effective 26 Feb 99 for a period of 48 months.”   Therefore, block 12h is correct on his DD Form 214.  The complete advisories are at Exhibit C through E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 23 May 18 for comment (Exhibit F), 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 and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and finds that, apart from the administrative relief noted by AFPC/DP1SSP, 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, aside from the administrative corrections, 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-2017-03099 in Executive Session on 16 Aug 18:

Mr. William Troy. Panel Chair 
Mr. Alan Blomgren, Panel Member
Mr. Michael Shoults, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Jun 17
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 9 Nov 17.
Exhibit D:	Advisory opinion, AFPC/DP1SSP, dated 8 May 18.
Exhibit E:	Advisory opinion, AFPC/DP2STM-214, dated 13 Jun 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 23 May 18 and 
22 Jun 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.