RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04447

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to account for a disparity of 7 years.

APPLICANT CONTENDS THAT:

His DD Form 214, block d., Total Prior Active Service, issued for the period ending 26 Nov 07, states 10 years, 6 months and 8 days.  It is missing at least 7 years according to his last DD Form 214, block e., Total Prior Inactive Service, issued for the period ending 21 Sep 02, which states 18 years, 4 months and 21 days. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was placed on the Reserve Retired List awaiting retired pay (7 Jul 19) in the grade of technical sergeant. 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.  The applicant is using prior active duty time and prior inactive time interchangeably by remarking about both block 12.d. (active) and block 12.e. (inactive).  These fields are not related in the creation of the DD Form 214 and do not influence each other.  However, based on the applicant’s personnel record, including points and active duty orders, a previous DD Form 214, dated 21 Sep 02, was created improperly.  A DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, was created to amend erroneous fields in his Record of Service.  The applicant’s DD Form 214 and DD Form 215 certifies his Release or Discharge from Active Duty and captures item by item, by authority, the applicant’s pertinent data and military service data.   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 4 Jun 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.  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.

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-2017-04447 in Executive Session on 1 Aug 18:

	Panel Chair
	Member
	Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 Sep 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 8 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 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.