RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03548

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His 31 Oct 45 discharge from the Army be changed to reflect he was discharged from the Air Force.

APPLICANT CONTENDS THAT:

He should have received an Air Force discharge.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 7 Dec 42, the applicant enlisted in the US Army Air Corps. He was honorably discharged on 31 Oct 45.

On 12 Jun 17, the applicant passed away.

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 Army Air Corps served under the umbrella of the Army and it is unknown whether or not separate discharges or discharge certificates were produced to denote the Army Air Corps under a separate category.  It is most likely that the Army served as the primary entity and any discharge would have been considered to be under the auspices of the Department of the Army.  The Air Force did not officially become a separate service until 18 Sep 47.  Therefore, since the applicant served on active duty before the Air Force became a separate entity he is not eligible for a discharge from the Air Force.

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’s next of kin on 8 Mar 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 or injustice.  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.

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-2017-03548 in Executive Session on 7 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 Mar 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 28 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 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.