RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04214

XXXXXXXXXX (DECEASED)	COUNSEL: NONE	

XXXXXXXXXX (APPLICANT) 	HEARING: NO

APPLICANT REQUESTS THAT:

Her deceased husband’s record be corrected to show he retired from the Air Force.

APPLICANT CONTENDS THAT:

The decedent served in the Air Force for 18 years, 4 months, and 22 days.  He also served in the Navy for 2 years.  He served a total of 20 years, 4 months and 22 days.  They have missed out on all of the benefits that a retiree is entitled to.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 10 Jul 67, the decedent requested a discharge for the good of the service, which was approved on 11 Jul 67.

On 26 Jul 67, the decedent was separated with an under honorable conditions discharge.  He was credited with 18 years, 4 months and 22 days of total active service.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The law that governs retirement of an enlisted member is 10 USC §8914 which requires enlisted members of the Air Force to have at least 20 years of total active federal military service in order to qualify for retirement.  The decedent was correctly credited for his years of service.  He did not complete at least 20 years of active service required for retirement.  Additionally, the decedent requested discharge in lieu of court-martial and was not entitled to or eligible for retirement.  The complete advisory is at Exhibit C.

AFPC/DP2LT recommends denying the application.  The applicant’s military human resources record reflects a combined total of 18 years, 4 months, and 22 days of active duty service in the Navy and the Air Force, which is not sufficient for an active duty retirement.  
The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 2 Aug 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/DP2LT and 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-2017-04214 in Executive Session on 11 Sep 18:

Panel Chair 
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Sep 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 6 Feb 18.
Exhibit D:  Advisory opinion, AFPC/DP2LT, dated 6 Feb 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Aug 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.