RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04984

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

A DD Form 214, Certificate of Release or Discharge from Active Duty, be generated for her years of service with the West Virginia Air National Guard (ANG).

APPLICANT CONTENDS THAT:

She never received discharge orders or a DD Form 214 for her service with the West Virginia ANG from 1993 to 1998.  This omission is affecting her benefits.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former lieutenant colonel (O-5) who served multiple periods of service in the Regular Air Force, Air Force Reserve and ANG before she was permanently retired with a 30 percent disability rating effective 29 May 2009.

The applicant served her initial period of active duty and was issued a DD Form 214 for the period 26 July 1987 to 19 October 1992.  She was credited with 5 years, 2 months, and 24 days of active service and was transferred to the Air Force Reserve.

Special Order (ANG) A-321, dated 22 May 1993, indicates the applicant was appointed in the West Virginia ANG effective 22 May 1993.  Special Order (ANG) AM-131, dated 2 February 1998, indicates the applicant was honorably discharged from the West Virginia ANG and transferred to the Air Force Reserve effective 22 January 1998.

The applicant entered another period of active duty and was issued a DD Form 214 for the period 23 January 1998 to 2 September 2003, and was credited with 5 years, 7 months and 20 days of active service.

Via Special Order No. ACD-00833, dated 19 March 2009, the applicant was permanently retired in the grade of lieutenant colonel (O-5) with a disability rating of 30 percent.  She was credited with 22 years and 10 months service for basic pay and 11 years, 2 months, and 27 days of active service for retirement.

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, a member must complete 90 continuous calendar days or more of active duty or 1 day or more days if in support of a contingency operation to be issued a DD Form 214.  The applicant does not qualify for a DD Form 214 for her period of service with the West Virginia ANG.  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 22 March 2018 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted 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 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, 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-2017-04984 in Executive Session on 19 July 2018:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 7 November 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 2 March 2018.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 22 March 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.